Document ID: chunk:federal_register_of_legislation:C2024C00508:section:112a:p1
Version: federal_register_of_legislation:C2024C00508
Segment Type: section
Provision Reference: s 112A (pt 1/2)
Character Range: 297427–300056

112A  APVMA may issue permit on its own initiative
 (1) The APVMA may, on its own initiative and in accordance with this section, issue a permit to a person in respect of an active constituent for a proposed or existing chemical product or in respect of a chemical product.
 (2) The APVMA may issue the permit if it is satisfied of the following:
 (a) that the active constituent or chemical product in respect of which the permit is to be issued meets the safety criteria, the trade criteria and the efficacy criteria;
 (b) that any requirements prescribed by the regulations in relation to the issue of a permit under this section have been complied with;
 (c) if an application has not been made for approval of the constituent or registration of the product or such an application has not been determined—that there are reasonable grounds for the application not having been made or for issuing the permit pending determination of the application, as the case may be;
 (d) if the permit would authorise a person to do, or omit to do, any thing which would, apart from the permit, be an offence against subsection 121(4A) or (5A) or a contravention of the civil penalty provision set out in subsection 121(4) or (5)—that there are exceptional circumstances that justify issuing the permit.
Note: For how permits are issued, see section 114.
 (3) However, the APVMA must not issue the permit to a person (the proposed permit holder) if it is satisfied that:
 (a) the proposed permit holder will be unable to comply with the conditions of the permit; or
 (b) at least one of the following persons:
 (i) the proposed permit holder;
 (ii) any other person who makes, or participates in making, decisions that affect the whole, or a substantial part, of the proposed permit holder's affairs;
 (iii) if the proposed permit holder is a body corporate—a major interest holder of the body corporate;
  has, within the previous 10 years:
 (iv) been convicted of an offence against an agvet law; or
 (v) been convicted of an offence against a law of this or another jurisdiction relating to chemical products; or
 (vi) been convicted of an offence against a law of the Commonwealth or a law of a State or Territory involving fraud or dishonesty; or
 (vii) been ordered to pay a pecuniary penalty for the contravention of an agvet penalty provision; or
 (viii) been ordered to pay a pecuniary penalty for the contravention of another law of this or another jurisdiction relating to chemical products; or
 (ix) been ordered to pay a pecuniary penalty for the contravention of a civil penalty provision of a law of the Commonwealth or a law