Document ID: chunk:federal_register_of_legislation:C2005C00491:clause:1_160a:p1
Version: federal_register_of_legislation:C2005C00491
Segment Type: clause
Provision Reference: sch 1 cl 160A (pt 1/2)
Character Range: 126508–129148

160A  Notification of new information to NRA in respect of pending application

 (1) This section applies if:
 (a) an application has been lodged with the NRA for:
 (i) approval of an active constituent for a proposed or existing chemical product; or
 (ii) registration of a chemical product; or
 (iii) listed registration of a chemical product; or
 (iv) a permit in respect of such an active constituent or in respect of a chemical product; or
 (v) a licence in respect of the manufacture of a chemical product; and
 (b) the NRA has not determined the application; and
 (c) an appropriate person becomes aware of any relevant information in relation to the constituent, or in relation to the product or any of its constituents.

 (2) The appropriate person must, as soon as practicable after the person becomes aware of the information, give the information to the NRA.

Penalty: 300 penalty units.

 (3) A person is an appropriate person in relation to an application referred to in paragraph (1)(a) if:
 (a) in the case of an application referred to in subparagraph (1)(a)(i), (ii) or (iii)—the person would be an interested person in relation to the constituent or product if the application were granted; or
 (b) in any other case—the person who made the application.

 (4) Information is relevant information if it:
 (a) contradicts any information given to the NRA under this Code; or
 (b) shows that the use of, or any other dealing with, the constituent or chemical product in accordance with the proposed instructions for its use or for such a dealing contained in the application, or shows that the use of, or any other dealing with, the chemical product in accordance with the instructions for its use or for such a dealing contained in an established standard:
 (i) may be an undue hazard to the safety of people exposed to it during its handling or people using anything containing its residues; or
 (ii) may be likely to have an effect that is harmful to human beings; or
 (iii) may be likely to have an unintended effect that is harmful to animals, plants or things or to the environment; or
 (c) shows that the use of the chemical product in accordance with the proposed instructions for its use contained in the application, or in accordance with the instructions for its use contained in an established standard, may be ineffective according to criteria determined by the NRA for the product; or
 (d) would have had to be given to the NRA in connection with the application if the applicant had been aware of the information when the application was made.

 (5) A corporation is taken to be aware of any information if a