Commonwealth Consolidated Regulations

AGRICULTURAL AND VETERINARY CHEMICALS CODE REGULATIONS 1995 - REG 72

  (1)   For paragraph   164(8)(b) of the Code, this regulation prescribes circumstances in which the APVMA may remit the whole or part of a fee that has been paid, or waive a fee that is payable.

  (2)   The APVMA may remit the whole or part of a fee paid in respect of an application if:

  (a)   the APVMA refuses the application under subsection   11(3), 28(3) or 110A(4) of the Code; or

  (b)   the APVMA refuses the application under paragraph   8A(d) of the Code on the basis that:

  (i)   the applicant failed to give the APVMA the number of copies of the application required by the notice issued for the application under subsection   11(2), 28(2) or 110A(2) of the Code, or subregulation   8AP(1) or 8AQ(2) of these Regulations; or

  (ii)   failed to give the APVMA the copies in the form required by that notice.

Note:   The APVMA may also waive a fee that is payable, or remit a fee that was paid, in respect of an application to the APVMA that is to be or has been withdrawn--see paragraph   164(8)(a) of the Code.

  (3)   The APVMA may remit the whole or part of a fee paid in respect of an application, other than an application for the renewal of the registration of a chemical product or for a permit, if the application is not determined within the period worked out for the application under regulation   76.

  (4)   The APVMA may remit the whole or part of a fee paid in respect of a module of assessment specified in Schedule   7 if the module is not completed within the time specified for the module in Schedule   7.

  (5)   If the APVMA refuses an application on the basis that the applicant failed to pay the balance of the application fee for the application, as required by a notice issued for the application under subsection   11(2), 28(2) or 110A(2) of the Code, or subregulation   8AP(1) or 8AQ(2) of these Regulations, the APVMA may waive the balance of the application fee.

  (6)   In any other circumstances, the APVMA may waive or remit the whole or part of a fee payable or paid under the Code or these Regulations, if the APVMA considers it desirable to do so.

  (7)   In this regulation:

"application fee" has the meaning given by subregulation   70(2).