Document ID: chunk:federal_register_of_legislation:C2005C00491:clause:1_56u:p1
Version: federal_register_of_legislation:C2005C00491
Segment Type: clause
Provision Reference: sch 1 cl 56U (pt 1/2)
Character Range: 67490–70180

56U  Grant or refusal of application

 (1) If the NRA is satisfied of the following:
 (a) that subsection 56T(1) has been complied with;
 (b) that any requirement made under section 157 or 159 has been complied with;
 (c) that, if necessary, paragraph 8A(2)(a) of the Agricultural and Veterinary Chemicals (Administration) Act 1992 has been complied with;
 (d) that any requirements prescribed by the regulations in relation to the variation of the relevant particulars, or of the conditions, of a listed registration have been complied with;
 (e) that, if those particulars or conditions were varied in accordance with the application, the continued use of, or any other dealing with, the product in accordance with instructions contained in the established standard:
 (i) would not be an undue hazard to the safety of people exposed to it during its handling or people using anything containing its residues; and
 (ii) would not be likely to have an effect that is harmful to human beings; and
 (iii) would not be likely to have an unintended effect that is harmful to animals, plants or things or to the environment; and
 (iv) would not unduly prejudice trade or commerce between Australia and places outside Australia; and
 (v) would be effective according to criteria determined by the NRA for the product;
 (f) that the fee (if any) prescribed in respect of the listed registration, and any other amount (including an amount in respect of a tax or penalty) that is payable (whether by the applicant or by any other person) to the NRA in respect of the product under this Code or any other law in force in this or any other jurisdiction, have been paid;
it must:
 (g) grant the application and vary those particulars or conditions by entering in the Register of Chemical Products particulars of the variation and the date on which the entry is made; and
 (h) give written notice to an approved person stating that the variation has been made and setting out particulars of the variation.

 (2) In satisfying itself for the purposes of subparagraph (1)(e)(i), (ii) or (iii), the NRA must have regard to the matters referred to in subsection 56E(2).

 (3) In satisfying itself for the purposes of subparagraph (1)(e)(v), the NRA must have regard to the matters referred to in subsection 56E(3).

 (4) If the NRA is not satisfied as mentioned in subsection (1), it must refuse the application.

 (5) If the application is refused, the NRA must:
 (a) give to an approved person written notice of the refusal; and
 (b) include in the notice brief particulars of the reasons for the refusal.

 (6) Section 168 provides for additional matters to be included in a notice under subsection (5).