Document ID: chunk:federal_register_of_legislation:C2010A00121:clause:1_82
Version: federal_register_of_legislation:C2010A00121
Segment Type: clause
Provision Reference: sch 1 cl 82
Character Range: 7269–9425

82  APVMA may vary the Maximum Residue Limits Standard
 (1) The APVMA may vary the Maximum Residue Limits Standard to include or change a permitted maximum residue limit to cover the chemical product.

Variation is a legislative instrument
 (2) A variation made under subsection (1) is a legislative instrument, but neither section 42 (disallowance) nor Part 6 (sunsetting) of the Legislative Instruments Act 2003 applies to the variation.

Proposed variation
 (3) Before making a variation under subsection (1), the APVMA must notify the Authority of a proposed variation.

Dietary exposure assessment
 (4) The Authority must:
 (a) prepare a dietary exposure assessment of the proposed variation and give a copy of the assessment to the APVMA and the Council; or
 (b) if, with the Authority's agreement, a dietary exposure assessment of the proposed variation is prepared by another person or body:
 (i) review the assessment and prepare comments on the assessment (including comments relating to the dietary exposure risk of the proposed variation); and
 (ii) give a copy of the assessment to the Council and, if the assessment is not prepared by the APVMA, give a copy of the assessment to the APVMA; and
 (iii) give a copy of the comments on the assessment to the APVMA and the Council.
  (5) Before making a variation under subsection (1), the APVMA must:
 (a) if paragraph (4)(a) applies—consider the assessment; or
 (b) if paragraph (4)(b) applies—consider the assessment and the comments on the assessment referred to in that paragraph.

APVMA to give the Authority a copy of the variation
 (6) The APVMA must give a copy of a variation made under subsection (1) to the Authority.

Gazettal
 (7) In addition to the requirement under the Legislative Instruments Act 2003 for a variation made under subsection (1) to be registered, the APVMA must cause a copy of the variation to be published in the Gazette.

When variation takes effect
 (8) A variation made under subsection (1) takes effect on the day a copy of the variation is published as mentioned in subsection (7), despite subsections 12(1) and (2) of the Legislative Instruments Act 2003.