Document ID: chunk:federal_register_of_legislation:C2005C00021:clause:2_6
Version: federal_register_of_legislation:C2005C00021
Segment Type: clause
Provision Reference: sch 2 cl 6
Character Range: 63731–66627

6                                                      Application made under section 27 for variation of the relevant particulars or conditions of:                                                                                                                     3 years
                                                       (a) the registration of a veterinary chemical product; or
                                                       (b) the approval of a label for a container for a veterinary chemical product

Note 1: This section has effect for the purposes of item 3 of the table in subsection 34C(1) (and not for any of the other items in that table).

Note 2: This section is not relevant to information if section 34D provides an exception to the prohibition in subsection 34C(1) on the NRA using the information.

Extension of 8‑year limits

 (2) The period mentioned in item 1 or 2 of the table in subsection (1) in relation to:
 (a) an application for an approval of an active constituent (a key constituent); or
 (b) an application for registration of a chemical product containing an active constituent (also a key constituent) that had not been approved when the application was acknowledged; or
 (c) an application for approval of a label for a container for a chemical product containing an active constituent (also a key constituent) that had not been approved when the application was acknowledged;
is extended by 1 year for each 5 distinct uses that meet the requirements in subsections (3), (4) and (5).

 (3) The first requirement is that the uses are uses of a chemical product (an extension product) for which the following conditions are met:
 (a) the key constituent is an active constituent for the product;
 (b) the product was registered as a result of an application that:
 (i) was made by the applicant mentioned in subsection (1); and
 (ii) was acknowledged before the approval of the key constituent.

 (4) The second requirement is that each of the uses is included in an approved label for a container for an extension product as a result of an application that:
 (a) is for:
 (i) the approval of the label; or
 (ii) the variation of the relevant particulars or conditions of approval of the label; and
 (b) was made by the applicant mentioned in subsection (1) or by the interested person in relation to the approval of the key constituent; and
 (c) was acknowledged before the end of 6 years after the date of the approval of the key constituent as a result of an application by the applicant mentioned in subsection (1).

 (5) The third requirement is that all 5 of the uses are prescribed by the regulations at the latest time an application described in subsection (4) is granted.

 (6) However, the period mentioned in item 1 or 2 of the table in subsection (1) cannot be extended so that it exceeds 11 years.

Subdivision E—Ancillary provisions