Document ID: chunk:federal_register_of_legislation:C2024C00508:section:3:p8
Version: federal_register_of_legislation:C2024C00508
Segment Type: section
Provision Reference: s 3 (pt 8/12)
Character Range: 51943–54684

product.
prohibited chemical product means a chemical product that is declared by the regulations to be a prohibited chemical product.
protected active constituent means an active constituent for a proposed or existing chemical product, being an active constituent to which each of the following paragraphs apply:
 (a) the constituent is or includes an invention in respect of which letters patent were granted under the Patents Act 1952 or the Patents Act 1990;
 (b) the term of the letters patent (including any extension of that term):
 (i) has ended; or
 (ii) will end during the protection period (including that period as extended) that applies to protected information about that constituent;
 (c) the constituent is approved under Part 2.
protected chemical product means a chemical product to which each of the following paragraphs apply:
 (a) the product is or includes an invention in respect of which letters patent were granted under the Patents Act 1952 or the Patents Act 1990;
 (b) the term of the letters patent (including any extension of that term):
 (i) has ended; or
 (ii) will end during the protection period (including that period as extended) that applies to protected information about that product;
 (c) the product is registered under Part 2.
protected commodity means:
 (a) any substance or thing of a kind used, or capable of being used, as food or drink by human beings; or
 (b) any substance or thing of a kind used, or capable of being used, as an ingredient or additive in, or any substance used in the preparation of, a substance or thing referred to in paragraph (a); or
 (c) any plant or animal; or
 (d) any soil, water or other environmental component; or
 (e) any other agricultural commodity; or
 (f) any animal feed; or
 (g) any other prescribed substance or thing; or
 (h) any substance or thing that is capable of being made into anything referred to in any of the above paragraphs;
but does not include a therapeutic good within the meaning of the Therapeutic Goods Act 1989.
protected information means information or results given to the APVMA as required under paragraph 32(1)(b) or 33(1)(a) or (c), or subparagraph 159(1)(d)(i), (ii) or (iii), that:
 (a) have been obtained because of a trial or laboratory experiment; and
 (b) relate to:
 (i) an active constituent that has been approved; or
 (ii) a chemical product that has been registered.
protection period, in relation to protected information, means the period that:
 (a) begins when the information is first given to the APVMA in relation to a reconsideration; and
 (b) ends 8 years after the APVMA makes its decision on the reconsideration.
Note: See also section 34KA (which deals with extensions of the protection period).
published