Document ID: chunk:federal_register_of_legislation:C2014C00508:clause:1_26
Version: federal_register_of_legislation:C2014C00508
Segment Type: clause
Provision Reference: sch 1 cl 26
Character Range: 61314–63097

26  Incorrect particulars and conditions
 (1) If:
 (a) the APVMA is satisfied that a relevant particular or condition entered in the Record or Register, or recorded in the relevant APVMA file, is incorrect in a material respect; and
 (b) the relevant particular or condition is of a kind prescribed by the regulations;
the APVMA must vary the entry or record accordingly.
Note: For notice of variation, see section 8F.
 (2) If the APVMA is satisfied that a relevant particular or condition entered in the Record or Register, or recorded in the relevant APVMA file, is incorrect in a material respect because of inaccurate recording, the APVMA must vary the entry or record accordingly.
Note: For notice of variation, see section 8F.
 (3) If the holder of the approval of an active constituent, the registration of a chemical product or the approval of a label for containers for a chemical product has reasonable cause to believe that:
 (a) a relevant particular or condition entered in the Record or Register, or recorded in the relevant APVMA file, in relation to the constituent, product or label is incorrect in a material respect; and
 (b) the relevant particular or condition is incorrect because of inaccurate recording;
the holder must, within 28 days, give to the APVMA a written notice, signed by the holder, identifying the incorrect particular or condition and informing the APVMA of the correct particular or condition.
 (4) The holder commits an offence of strict liability if the holder contravenes subsection (3).
Penalty: 30 penalty units.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (5) Subsection (3) is a civil penalty provision.
Note: Division 2 of Part 9A provides for pecuniary penalties for contraventions of civil penalty provisions.