Document ID: chunk:federal_register_of_legislation:C2024C00508:section:45a
Version: federal_register_of_legislation:C2024C00508
Segment Type: section
Provision Reference: s 45A
Character Range: 190500–192516

45A  Notice of suspension or cancellation
 (1) If the APVMA suspends or cancels the approval of an active constituent, the registration of a chemical product or the approval of a label, it must:
 (a) give written notice of the suspension or cancellation to the holder and to any other person to whom, in its opinion, such a notice should be given; and
 (b) publish in the Gazette, and in any other manner that it thinks appropriate, notice of the suspension or cancellation containing any information that it thinks relevant.
 (2) A notice under paragraph (1)(a):
 (a) must include a statement that the APVMA will publish a notice of the suspension or cancellation in the Gazette; and
 (b) must contain the following matters:
 (i) brief reasons for the suspension or cancellation;
 (ii) instructions for possessing, having custody of or using the constituent or product;
 (iii) a warning of the consequences of failing to comply with the instructions, including a statement of any period after which it will be an offence against this Code to supply the constituent or product or to possess or have custody of the constituent or product with the intention of supplying it;
 (iv) any other warnings or explanations in relation to the constituent or product that the APVMA thinks desirable.
 (3) If the reason, or one of the reasons, for the suspension or cancellation was:
 (a) for an active constituent—that the constituent may not meet the safety criteria; or
 (b) for a chemical product—that the product may not meet the safety criteria, the trade criteria or the efficacy criteria; or
 (c) for a label—that the label may not meet the labelling criteria;
the notice published in the Gazette must contain a statement to that effect and must include the matters mentioned in subparagraphs (2)(b)(ii), (iii) and (iv).
 (4) Subsection (1) does not require notice of the suspension or cancellation under section 42 of an approval or registration to be given to the holder who requested the suspension or cancellation.