Document ID: chunk:federal_register_of_legislation:C2021A00125:clause:1_106
Version: federal_register_of_legislation:C2021A00125
Segment Type: clause
Provision Reference: sch 1 cl 106
Character Range: 48675–50596

106  Notification to APVMA of voluntary recalls
 (1) This section applies if a person voluntarily takes action to recall a chemical product because it appears to the person that:
 (a) either or both of the following apply:
 (i) the chemical product may not meet the safety criteria, the trade criteria or the efficacy criteria;
 (ii) a label for containers for the chemical product may not meet the labelling criteria; or
 (b) the chemical product is not a registered chemical product.
 (2) The person must, within 2 days after taking the action, give the APVMA a notice that:
 (a) is in writing in the approved form; and
 (b) contains the information required by the approved form.
 (3) Subsection (2) does not apply in the circumstances prescribed by the regulations for the purposes of this subsection.

Offence
 (4) A person commits an offence of strict liability if:
 (a) the person is required by subsection (2) to give a notice to the APVMA; and
 (b) the person refuses or fails to give the notice as required by that subsection.
Penalty: 60 penalty units.

Civil penalty
 (5) Subsection (2) is a civil penalty provision.
Note: Division 2 of Part 9A provides for pecuniary penalties for contraventions of civil penalty provisions.

APVMA to publish notice of recall
 (6) If a notice is given to the APVMA under subsection (2), the APVMA:
 (a) must, within 3 working days, publish a copy of the notice on its website; and
 (b) must, within 14 days, publish a copy of the notice in the Gazette.
The APVMA may also make available a copy of the notice in any other manner that it thinks appropriate.
 (7) Subsection (6) does not apply in the circumstances prescribed by the regulations for the purposes of this subsection.

No limit on the Competition and Consumer Act 2010
 (8) This section does not limit section 128 of Schedule 2 to the Competition and Consumer Act 2010 (about voluntary recall of consumer goods).