Evidential certificates

The APVMA may issue certificates that state information required for use in legal proceedings under sections 69ES and 70 of the Agricultural and Veterinary Chemicals (Administration) Act 1992 or under section 149 of the Agricultural and Veterinary Chemicals Code Act 1994.

The relevant provision will depend on the type of information required and the legislation under which the legal proceedings are being initiated. An evidential certificate issued under section 69ES or section 149 is only appropriate where the relevant proceedings do not involve an offence punishable by imprisonment. 

Requests for evidential certificates must be made in writing, and include details of the type of information sought and the purpose for which the information is sought.

There is no fee charged for the issue of these certificates. We will assess all requests in a timely and efficient manner and endeavour to process your certificate request within 20 working days.

Section 69ES evidential certificates

A certificate may be issued by the APVMA under section 69ES of the Agricultural and Veterinary Chemicals (Administration) Act for the purposes of any proceeding before a court or tribunal or an authority or person having power to require the production of documents or the answering of questions, other than a proceeding for an office that is directly punishable by imprisonment. The certificates may be used as evidence of the matters stated in the certificate. The certificate may state any of the following:

  • that a substance referred to in the certificate was, or was not, at a particular time, or during a particular period, an active constituent, or an approved active constituent, for a proposed or existing chemical product
  • that a chemical product referred to in the certificate was, or was not, at a particular time, or during a particular period, a chemical product or a registered chemical product
  • that a person named in the certificate was an inspector at a particular time or during a particular period
  • that a notice, direction or requirement referred to in the certificate was given at a particular time to a particular person, or
  • any other matter given under section 149 of the Agvet Code.

Section 149 evidential certificates

A certificate may be issued by the APVMA under section 149 of the Agvet Code for any proceeding before a court or tribunal or an authority or person having power to require the production of documents or the answering of questions, other than for offences directly punishable by imprisonment. The certificate may be used as evidence of the matters stated in the certificate. The certificate may state any of the following:

  • that a substance referred to in the certificate was, or was not, at a particular time, or during a particular period, an active constituent, or an approved active constituent, for a proposed or existing chemical product
  • that a chemical product referred to in the certificate was, or was not, at a particular time, or during a particular period, a chemical product, a registered chemical product or a registered listed chemical product
  • that a label referred to in the certificate was, or was not, at a particular time, or during a particular period, an approved label for containers for a chemical product or a label for containers for a chemical product that is required by an established standard for the product
  • that a permit or exemption referred to in the certificate was in force at a particular time or during a particular period
  • that an approval, registration, permit or exemption referred to in the certificate was suspended at a particular time or during a particular period
  • that an approval, registration, permit or exemption referred to in the certificate is, or was at a particular time or during a particular period, subject to a stated condition
  • that a person named in the certificate was an inspector at a particular time or during a particular period
  • that a document referred to in the certificate that purports to be a copy of, or an extract from, a record, register or file kept under the code is a true copy or extract, as the case may be
  • that a notice, direction or requirement referred to in the certificate was given at a particular time to a particular person under the code
  • that the APVMA had not received by a particular time an application, statement, report or other document, or any sample or other thing, referred to in the certificate that was required or permitted to be made or given to the APVMA by a person under the code
  • that a document referred to in the certificate is, or was at a particular time or during a particular period, a standard, rule, code, specification or method of a particular association, body or institution
  • that a licence referred to in the certificate was in force at a particular time or during a particular period
  • that a licence referred to in the certificate was suspended at a particular time or during a particular period
  • that a licence referred to in the certificate is, or was at a particular time or during a particular period, subject to a stated condition
  • that a particular statement contained in a document referred to in the certificate is, or was at a particular time or during a particular period, a manufacturing principle that the APVMA has determined
  • that the matter referred to in the certificate, appearing
    • on an approved label
    • on a label for containers for a chemical product that is required by an established standard for the product, or
    • in a permit
    is identical to matter set out in, or in a writing annexed to, the certificate.

If the evidential certificate states that a label attached to a sealed container contained any matter at any time in a manner prescribed or required by the Agvet Code in relation to a chemical product, the certificate also provides evidence that the product was in the container at that time.

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