Document ID: chunk:federal_register_of_legislation:C2005C00491:clause:1_56zr:p1
Version: federal_register_of_legislation:C2005C00491
Segment Type: clause
Provision Reference: sch 1 cl 56ZR (pt 1/2)
Character Range: 96330–99013

56ZR  Publication of notice of suspension or cancellation of listed registration

 (1) If the NRA suspends or cancels the listed registration of a chemical product, it must, as soon as practicable, cause to be published in the Gazette, and in any other manner that it thinks appropriate, notice of the suspension or cancellation containing any information that it thinks relevant.

 (2) If the reason, or one of the reasons, for the suspension or cancellation was that the continued use of the product:
 (a) might be an undue hazard to the safety of people exposed to it during its handling or people using anything containing its residues; or
 (b) might be likely to have an effect that is harmful to human beings; or
 (c) might be likely to have an unintended effect that is harmful to animals, plants or things or to the environment; or
 (d) might not be effective according to criteria determined by the NRA for the product;
the notice must contain the following:
 (e) a statement to that effect;
 (f) instructions for possessing, having custody of, using or otherwise dealing with the product;
 (g) a warning of the consequences if a person fails to comply with the instructions, including a statement of any period after which it will be an offence against this Code to possess or have custody of the product with the intention of supply, or to supply the product;
 (h) any other warnings or explanations in relation to the product that the NRA thinks desirable.

 (3) If, after the publication under this section of a notice of the suspension or cancellation of a listed registration, a person possesses, has custody of, uses or otherwise deals with the product in accordance with the instructions contained in the notice, the person is taken to have been issued with a permit to possess, have custody of, use or otherwise deal with the product in accordance with those instructions until:
 (a) 2 years after the day of the suspension or cancellation; or
 (b) the NRA revokes the suspension or cancellation; or
 (c) the NRA, by notice published in the Gazette, declares that this subsection ceases to apply in respect of the product;
whichever first occurs.

 (4) Subject to subsection (6), if:
 (a) a notice of the suspension or cancellation of the listed registration of a chemical product, has been published under this section; and
 (b) a person has possession or custody of the product with the intention of supply;
the person may only possess, have custody of or otherwise deal with the product if the possession, custody or dealing is in accordance with the instructions contained in the notice.

Penalty: 300 penalty units.

 (5) In paragraph (4)(a), strict liability