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AGRICULTURAL AND VETERINARY CHEMICALS CODE REGULATIONS 1995 - REG 8AP

Matters for notice--applications for technical assessments etc.

  (1)   The APVMA must give a person a notice if:

  (a)   the person lodges an application for the APVMA to provide an assessment of a technical nature, and the APVMA decides to provide that assessment (see regulation   8AS); or

  (b)   the person lodges an application for the APVMA to:

  (i)   make an interchangeable constituent determination (see regulation   19AEB); or

  (ii)   make or vary an ingredient determination (see clause   10 of Schedule   3AA).

  (2)   The notice must set out the following:

  (a)   the date on which the assessment or the determination will commence;

  (b)   if an amount of application fee payable for the application under subregulation   70(2) is unpaid:

  (i)   the balance of the application fee that is payable; and

  (ii)   that the balance must be paid within 28 days of the date of the notice;

  (c)   if the applicant must give copies of the application to the APVMA:

  (i)   the number of copies that must be given; and

  (ii)   the form in which those copies must be given; and

  (iii)   that the copies must be given to the APVMA within 28 days of the date of the notice;

  (d)   the assessment period for the application and the expected date by which the application will be determined;

  (e)   the modules to be completed in relation to the application;

  (f)   that the assessment period will be extended if the APVMA or another prescribed authority makes a request under section   159 of the Code;

  (g)   that if the APVMA does not determine the application within the assessment period for the application (or the extended application period, if applicable), the applicant may:

  (i)   notify the APVMA under subsection   165(3) of the Code that the applicant wishes to treat the application as having been refused; and

  (ii)   apply under subsection   167(1) of the Code for review of the decision;

  (h)   that the applicant may withdraw the application in accordance with section   8D of the Code.

  (3)   The notice must be given to the person within 1 month of the day on which the person lodges the application.

  (4)   If a person lodges an application under regulation   8AS for the APVMA to provide an assessment of a technical nature, and the APVMA decides not to provide that assessment, the APVMA must notify the person of that decision within 1 month of the day on which the person lodges the application.



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