Document ID: chunk:federal_register_of_legislation:C2014C00508:clause:3_259
Version: federal_register_of_legislation:C2014C00508
Segment Type: clause
Provision Reference: sch 3 cl 259
Character Range: 302896–305249

259  Subsection 119(4) of the Code set out in the Schedule
Repeal the subsection, substitute:
 (4) The APVMA may, by written notice given to the holder of a permit, cancel the permit if the APVMA is satisfied that:
 (a) the holder has contravened a condition of the permit; or
 (b) at least one of the following persons:
 (i) the holder;
 (ii) any other person who makes, or participates in making, decisions that affect the whole, or a substantial part, of the holder's affairs;
 (iii) if the holder is a body corporate—a major interest holder of the body corporate;
  has, within the 10 years immediately before the notice is given:
 (iv) been convicted of an offence against an agvet law of this or another jurisdiction; or
 (v) been convicted of an offence against a law of this or another jurisdiction relating to chemical products; or
 (vi) been convicted of an offence against a law of the Commonwealth or a law of a State or Territory involving fraud or dishonesty; or
 (vii) been ordered to pay a pecuniary penalty for the contravention of an agvet penalty provision; or
 (viii) been ordered to pay a pecuniary penalty for the contravention of another law of this or another jurisdiction relating to chemical products; or
 (ix) been ordered to pay a pecuniary penalty for the contravention of a civil penalty provision of a law of the Commonwealth or a law of a State or Territory involving fraud or dishonesty; or
 (x) held a permit that was cancelled under subsection 119(2) or section 119B of this Code or under a corresponding provision of the Agvet Code of another jurisdiction; or
 (xi) been a manager, or a major interest holder, of a body corporate in respect of which subparagraph (iv), (v), (vi), (vii), (viii), (ix) or (x) applies, if the conduct resulting in that subparagraph applying occurred when the person was a manager or major interest holder of the body corporate.
 (4A) A reference in paragraph (4)(b) to a person convicted of an offence includes a reference to a person in respect of whom an order has been made relating to the offence under:
 (a) section 19B of the Crimes Act 1914; or
 (b) a corresponding provision of a law of a State or Territory.
Note: Section 19B of the Crimes Act 1914 empowers a court that has found a person to have committed an offence to take action without proceeding to record a conviction.