Document ID: chunk:federal_register_of_legislation:C2005C00491:clause:1_45a:p1
Version: federal_register_of_legislation:C2005C00491
Segment Type: clause
Provision Reference: sch 1 cl 45A (pt 1/2)
Character Range: 37625–40323

45A  Notice of suspension or cancellation

 (1) Subject to subsection (3), if the NRA suspends or cancels an approval or registration, it must, as soon as practicable, give written notice of the suspension or cancellation to the interested person, or an approved person, and to any other person to whom, in its opinion, such a notice should be given.

 (2) A notice given to a person under subsection (1):
 (a) must tell the person of the suspension or cancellation; and
 (b) in respect of a suspension or cancellation of the approval of an active constituent for a proposed or existing chemical product or the registration of a chemical product—must contain the following matters:
 (i) brief reasons for the suspension or cancellation; and
 (ii) instructions for possessing, having custody of, using or otherwise dealing with the constituent or product; and
 (iii) a warning of the consequences if the person fails to comply with the instructions, including a statement of any period after which it will be an offence against this Code to possess or have custody of the constituent or product with the intention of supply, or to supply the constituent or product; and
 (iv) any other warnings or explanations in relation to the constituent or product that the NRA thinks desirable;
  excluding any matters that the NRA thinks it unnecessary for the notice to contain.

 (3) Subsection (1) does not require notice of the cancellation under section 42 of an approval or registration to be given to the person who requested the cancellation.

 (4) Section 168 provides for additional matters to be included in a notice given under subsection (1).

 (5) After a notice of the suspension or cancellation of the approval or registration is given to a person under this section, that person is taken to have been issued with a permit to possess, have custody of, use or otherwise deal with the constituent or product, or the product containing the label, as the case may be, in accordance with the instructions contained in the notice until:
 (a) 2 years after the day of the suspension or cancellation; or
 (b) the NRA revokes the suspension or cancellation; or
 (c) the NRA, by notice published in the Gazette, declares that this subsection ceases to apply in respect of the constituent or product;
whichever first occurs.

 (6) Subject to subsection (8), if:
 (a) a notice of the suspension or cancellation of the approval of an active constituent for a proposed or existing chemical product or the registration of a chemical product is given to a person under this section; and
 (b) the person has possession or custody of the constituent or product with the intention of supply;
the person may only