Document ID: chunk:federal_register_of_legislation:C2005C00491:clause:1_56x
Version: federal_register_of_legislation:C2005C00491
Segment Type: clause
Provision Reference: sch 1 cl 56X
Character Range: 71054–73644

56X  NRA may give notice of proposed reconsideration

 (1) Before reconsidering the listed registration of a chemical product, the NRA may, if it thinks it desirable to do so, cause to be published, in a manner that it thinks appropriate, a notice:
 (a) stating that the NRA proposes to reconsider the listed registration and setting out the relevant particulars of the listed registration of the product; and
 (b) setting out the matters to be dealt with in the reconsideration and stating the requirement or requirements prescribed by the regulations for continued approval or registration that form the basis for the reconsideration; and
 (c) inviting any person who wishes to do so to make, within a period stated in the notice that ends not earlier than 28 days after the publication of the notice, a written submission to the NRA as to whether the listed registration complies with the prescribed requirements for continued listed registration.

 (2) The NRA must give written notice to the interested person in relation to the product or to an approved person:
 (a) telling the person the matter or matters that it proposes to reconsider and its reasons for so proposing; and
 (b) requiring the person, within a period stated in the notice that ends not earlier than 28 days after the day on which the notice is given, to give to the NRA:
 (i) any information of a kind stated in the notice of which either the interested person or the approved person is aware and which is relevant to the reconsideration; or
 (ii) any information of which either the interested person or the approved person is aware that is relevant to the reconsideration; and
 (c) inviting the person, within that period, to make a written submission to the NRA about the matter or matters referred to in paragraph (a).

 (3) A person must comply with a requirement made of the person under paragraph (2)(b).

Penalty: 120 penalty units.

 (4) In subsection (3), strict liability applies to the physical element of circumstance, that the requirement is made of the person under paragraph (2)(b).

Note: For strict liability, see section 6.1 of the Criminal Code.

 (5) Subsection (3) does not apply if, before the end of the period stated in the notice, the interested person or an approved person requests the NRA under section 56ZG to cancel the listed registration of the product and the NRA complies with the request.

 (6) The NRA must take into account any submissions made in accordance with an invitation contained in a notice published under subsection (1) or in a notice given under subsection (2).