Document ID: chunk:federal_register_of_legislation:C2024C00508:section:112:p1
Version: federal_register_of_legislation:C2024C00508
Segment Type: section
Provision Reference: s 112 (pt 1/2)
Character Range: 293379–296108

112  Issuing permits
 (1) The APVMA must consider the application and take into account any recommendations made by a co‑ordinator.
 (2) The APVMA must issue the permit if it is satisfied:
 (a) that the application meets the application requirements; and
 (b) that the applicant has complied with any requirement made by the APVMA under subparagraph 111(1)(b)(iii); and
 (c) for an active constituent—that the constituent would meet the safety criteria; and
 (d) for a chemical product—that the product would meet the safety criteria, the trade criteria and the efficacy criteria; and
 (e) that any requirements prescribed by the regulations in relation to the issue of a permit under this section have been complied with; and
 (f) 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; and
 (g) if the application is for a permit 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) Otherwise, the APVMA must refuse the application.
Note: For notice of refusal, see section 8G.
 (4) Despite subsection (2), the APVMA must also refuse the application if it is satisfied that:
 (a) the applicant will be unable to comply with the conditions of the permit; or
 (b) at least one of the following persons:
 (i) the applicant;
 (ii) any other person who makes, or participates in making, decisions that affect the whole, or a substantial part, of the applicant's affairs;
 (iii) if the applicant is a body corporate—a major interest holder of the body corporate;
  has, within the 10 years immediately before the application:
 (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