Document ID: chunk:federal_register_of_legislation:C2024C00508:section:161
Version: federal_register_of_legislation:C2024C00508
Segment Type: section
Provision Reference: s 161
Character Range: 445333–447148

161  Notification of new information to APVMA
 (1) If:
 (a) the holder of the approval of an active constituent for a proposed or existing chemical product or the registration of a chemical product; or
 (b) the holder of a permit in relation to an active constituent for a proposed or existing chemical product or in relation to a chemical product; or
 (c) the holder of the approval of a label for containers for a chemical product;
becomes aware of any relevant information in relation to the constituent, in relation to the product or of any of its constituents or in relation to the label, the holder must, as soon as the holder becomes aware of the information, give that information to the APVMA.
 (1A) A person commits an offence if the person contravenes subsection (1).
Penalty: 300 penalty units.
 (1B) Subsection (1) is a civil penalty provision.
Note: Division 2 of Part 9A provides for pecuniary penalties for contraventions of civil penalty provisions.
 (2) Information is relevant information if it:
 (a) contradicts any information entered in the Record, Register or Record of Permits for the constituent or product or in the relevant APVMA file for the label; or
 (b) shows that the constituent or product may not meet the safety criteria, the trade criteria or the efficacy criteria or that the label may not meet the labelling criteria.
 (2A) A corporation is taken to be aware of any information if a related corporation is aware of that information.
 (2B) The question whether 2 corporations are related to each other is to be determined in the same way as that question would be determined under the Corporations Act 2001.
 (3) Any information given to the APVMA under this section must be given in writing signed by the holder.
Note: For giving information electronically, see section 156A.