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AGRICULTURAL AND VETERINARY CHEMICALS CODE REGULATIONS 1995 - REG 84

Assessment periods for old Code applications

  (1)   For subitem   58(1) of Schedule   6 to the Amendment Act, the remaining period, after 30   June 2015, within which the APVMA must determine an old Code application (the remaining period ) is to be worked out in accordance with the following formula:

Start formula open bracket P times 30 close bracket minus open bracket O minus R close bracket end formula

where:

"O" means the number of days in the period starting on the day the assessment period for the application commenced under regulation   78 or 78A of the old Code (the commencement date ), and ending on 30   June 2015.

"P" means the number of months within which the APVMA would have been required to determine the application, under subregulation   76(1) or (1A), if the application had been made on or after 1   July 2014.

"R" means the number of days in the period starting on the commencement date and ending on 30   June 2015 to which no regard was to be had, under paragraph   165(2)(a) of the old Code, in working out the period within which the application was to be determined under the old Code.

  (2)   If the remaining period worked out under subregulation   (1) for an application is zero or less than zero, no remaining period applies to the application.

  (3)   The remaining period (if any) within which the APVMA must determine the application, worked out in accordance with subregulation   (1), commences on 1   July 2015.

  (4)   However, if:

  (a)   the APVMA issues a notice under subsection   159(1) of the old Code before 1   July 2015 requiring the applicant to comply with a requirement; and

  (b)   the applicant has not, before 1   July 2015, complied with the notice; and

  (c)   the time specified in the notice for complying with the notice, or extended by the APVMA under subsection   159(1) (the compliance date ) ends on or after 1   July 2015;

the remaining period does not commence until the earliest of the following dates:

  (d)   the day the applicant complies with the notice;

  (e)   the compliance date.

  (5)   This regulation has effect despite regulations   76, 76A, 76B and 78.


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