Commonwealth Consolidated Acts

AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 - SECT 8A

  (1)   This section applies to the following:

  (a)   an active constituent for a proposed or existing chemical product, being an active constituent that is or contains a GM product;

  (b)   a proposed or existing chemical product that is or contains a GM product.

  (2)   The APVMA must consult the Gene Technology Regulator in accordance with this section for the purposes of the following:

  (a)   deciding an application under the Code in relation to any of the following:

  (i)   approval of the active constituent;

  (ii)   registration of the chemical product;

  (iii)   approval of a label for containers for the chemical product;

  (b)   deciding an application under the Code in relation to a variation of any of the following:

  (i)   the approval of the active constituent;

  (ii)   the registration of the chemical product;

  (iii)   the approval of a label for containers for the chemical product;

    if the variation may affect the GM product;

  (c)   reconsidering any of the following:

  (i)   the approval of the active constituent;

  (ii)   the registration of the chemical product;

  (iii)   the approval of a label for containers for the chemical product;

  (d)   deciding whether to issue a permit in respect of:

  (i)   the active constituent; or

  (ii)   the chemical product.

  (3)   If the APVMA is required to consult the Gene Technology Regulator under subsection   (2), the APVMA must give written notice to the Gene Technology Regulator:

  (a)   stating that the application has been made, the reconsideration is to be undertaken, or the issue of the permit is being considered; and

  (b)   requesting the Gene Technology Regulator to give advice about the application, reconsideration, or issue.

  (4)   If the APVMA gives the Gene Technology Regulator a notice under subsection   (3), the Gene Technology Regulator may give written advice to the APVMA about the application, reconsideration, or issue.

  (5)   The advice is to be given within the period specified in the notice.

  (6)   If the APVMA receives advice from the Gene Technology Regulator in response to a notice under this section within the period specified in the notice, the APVMA must:

  (a)   ensure that the advice is taken into account in making a decision on the application, reconsideration, or issue to which the notice relates; and

  (b)   inform the Gene Technology Regulator of the decision.

  (7)   Unless the contrary intention appears, expressions used in this section have the same meanings as in the Agricultural and Veterinary Chemicals Code Act 1994 .