Commonwealth Consolidated Regulations

AGRICULTURAL AND VETERINARY CHEMICALS CODE REGULATIONS 1995 - REG 57B

    For paragraph   115(3A)(b) of the Code, the APVMA must be satisfied that:

  (a)   the requirements mentioned in paragraphs 112(2)(e) and (f) of the Code will continue to be met in respect of the permit; and

  (b)   for a permit in respect of an active constituent where the APVMA considers that its assessment for paragraph   112(2)(c) of the Code in relation to the issue of the permit is no longer valid--that the requirement mentioned in paragraph   112(2)(c) of the Code is met in respect of the permit; and

  (c)   for a permit in respect of a chemical product where the APVMA considers that its assessment for paragraph   112(2)(d) of the Code in relation to the issue of the permit is no longer valid--that the requirement mentioned in paragraph   112(2)(d) of the Code is met in respect of the permit; and

  (d)   the holder will continue to be able to comply with the conditions of the permit unless the APVMA is satisfied that special circumstances make the extension for a further period appropriate despite this requirement not being met; and

  (e)   none of subparagraphs   112(4)(b)(iv) to (xi) of the Code applies to:

  (i)   the holder; or

  (ii)   any other person who makes, or participates in making, decisions that affect the whole, or a substantial part, of the holder's affairs; or

  (iii)   if the holder is a body corporate--a major interest holder of the body corporate;

    unless the APVMA is satisfied that special circumstances make the extension for a further period appropriate despite this requirement not being met; and

  (f)   the permit is not a permit to which paragraph   112(2)(g) of the Code applied at the time the permit was issued; and

  (g)   the permit is not a permit that was taken to have been issued under section   45B or 47D of the Code; and

  (h)   if an application has not been made by any person for variation of a relevant particular or condition of approval or registration for the active constituent or chemical product in respect to which the permit is issued--that there are reasonable grounds for the application not having been made.