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AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) REGULATIONS 1995 - REG 3.210

Prohibition

  (1)   The export from Australia of an export - prohibited chemical is prohibited unless:

  (a)   an authorised officer or the Minister has given permission in writing to export the chemical; and

  (b)   the permission is produced to a Collector; and

  (c)   for a chemical that is listed in Schedule   1--any condition or restriction specified for the chemical in the relevant item in Schedule   1 is satisfied.

Note 1:   The permission to export required under this regulation must be produced to a Collector for the purposes of complying with regulation   4A of the Customs (Prohibited Exports) Regulations   1958 in relation to the exportation of chemicals under those Regulations that are active constituents or chemical products.

Note 2:   A multiple exit export permit is a permission for the purposes of this regulation (see subregulation   3.310(3)).

  (2)   For the purposes of subsection   69C(1) of the Act, the following conditions or restrictions are prescribed for each such chemical:

  (a)   a person must not export the chemical:

  (i)   without the written permission of an authorised officer or the Minister; or

  (ii)   contrary to a condition or restriction specified in the permission;

  (b)   a person who exports the chemical must not fail to produce the permission if asked to do so by a Collector;

  (c)   for a chemical other than mercury--any condition or restriction specified for the chemical in the relevant item in Schedule   1.

Note:   A person who exports such a chemical in contravention of a prescribed condition or restriction may be punished by a fine of up to 300   penalty units (see subsection   69C(5) of the Act).

  (3)   This regulation applies despite:

  (a)   the APVMA's certificate setting out its findings (if any) in relation to the export of a chemical product under section   69D of the Act; and

  (b)   any approval to export under any other legislation.



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