This content is current only at the time of printing. This document was printed on 24 March 2017. A current copy is located at http://apvma.gov.au/node/200
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The APVMA may issue a written enforceable direction if it has reasonable grounds to suspect that a person is not complying with the Agvet Code and that the direction is necessary to protect people, animals, the environment or international trade.
We issue enforceable directions via registered post or through a process server.
This page explains how enforceable directions work and how we enforce them.
1. What is an enforceable direction?
Enforceable directions are issued in the form of a notice in writing to a person (or other entity) reasonably believed not to be complying with the Agvet Code. The notice directs the person to take such steps, within the time specified in the notice, as are reasonable in the circumstances in order to comply with the Agvet Code. It may require them to do something or cease doing something to comply with the legislation.
2. Relevant legislative provisions
An enforceable direction may be issued under section 145H of the Agvet Code.
3. What can the direction require?
The direction can require a person to do anything that is reasonable in the circumstances to achieve compliance with the Agvet Code.
4. Can the direction be withdrawn or varied?
We can withdraw or cancel a direction but must do so in writing.
5. What happens if the direction is not complied with?
Failure to comply with a direction notice is an offence under section 145H(5) of the Agvet Code. If the enforceable direction is not complied with, we may arrange for the steps set out in the direction to be taken. If the APVMA incurs costs in taking those steps, the person is liable to pay to the APVMA an amount equal to the costs incurred. We can recover that amount as a debt due to the Australian Government in a court.
If a person owes a debt to us, certain transactions may not be processed by us until the debt is settled.
6. Publication or disclosure
In accordance with the principles of transparency outlined in the APVMA’s Compliance and Enforcement Policy, every enforcement matter that is dealt with through litigation or formal resolution is made public.
The APVMA maintains a register on its website and may use the register to list details of enforceable directions if the APVMA considers that there may be public interest in the publication of enforcement actions. However, we do not disclose confidential commercial information or private information.