Document ID: chunk:federal_register_of_legislation:F2024C00959:schedule:6:p3
Version: federal_register_of_legislation:F2024C00959
Segment Type: schedule
Provision Reference: sch 6 (pt 3/4)
Character Range: 305128–307884

fewer or reduced compared to the claims on the approved label of the reference chemical product.

1.3  When chemical products are similar
 (1) Subject to clause 1.5, an agricultural chemical product (the proposed agricultural chemical product) and a reference chemical product are similar if the conditions in paragraphs 1.2(1)(a), (d), (e), (f) and (g) are complied with in relation to the products.
 (3) Subject to clause 1.5, a veterinary chemical product (the proposed veterinary chemical product) and a reference chemical product are similar if:
 (a) the conditions in paragraphs 1.2(3)(a), (b), (e), (f) and (g) are complied with in relation to the products; and
 (b) the non‑active constituents in the proposed and reference chemical products have similar properties and are in similar proportions; and
 (c) chemistry and manufacture, efficacy or target species safety data is required to demonstrate similarity of the proposed chemical product to the reference chemical product.

1.4  When chemical products are the same
  Subject to clause 1.5, a proposed chemical product and a reference chemical product are the same if they are the same in all respects except their names, their distinguishing numbers, and the name and business address of the applicant.

1.5  When chemical products are not closely similar, similar or the same
 (1) Despite clauses 1.2, 1.3 and 1.4, a proposed chemical product and a reference chemical product are not closely similar, similar or the same if:
 (a) the APVMA is required to use information in determining an application in respect of the proposed chemical product; and
 (b) the use of the information by the APVMA in determining that application is restricted.
 (2) The use of information by the APVMA in determining an application is restricted if the APVMA is restricted from using the information in determining the application by:
 (a) Division 4A of Part 2 of the Code; or
 (b) Part 3 of the Code.

1.6  Effect on fees when the use of information is restricted
 (1) If the use of information by the APVMA about an active constituent is restricted, the fee payable for an application that would otherwise rely on or utilise that information is to be determined as if the active constituent were not approved.
 (2) If the use of information by the APVMA about a registered chemical product is restricted, the fee payable for an application that would otherwise rely on or utilise that information is to be determined as if the chemical product were not registered.
 (3) If the use of information by the APVMA about an approved label for containers for a chemical product is restricted, the fee payable for an application that would otherwise rely on or utilise that information is to be determined as if the