Fit and proper person test

The Agvet Code includes a ‘fit and proper person’ test which must be met before we can issue an approval for a permit or a manufacturing licence. Under these arrangements, the APVMA must refuse the application if the proposed permit holder or applicant, or persons with a specified relationship with the proposed permit holder or applicant, has:

  • been convicted of an offence against, an agvet law, or
  • been convicted of an offence against a law of this or another jurisdiction relating to chemical products, or
  • been convicted of an offence against a law of the Commonwealth or a law of a State or Territory involving fraud or dishonesty, or
  • been ordered to pay a pecuniary penalty for the contravention of an agvet penalty provision, or
  • been ordered to pay a pecuniary penalty for the contravention of another law of this or another jurisdiction relating to chemical products, or
  • been ordered to pay a pecuniary penalty for the contravention of a law of the Commonwealth or a law of a State or Territory involving fraud or dishonesty, or
  • been a manager, or a major interest holder of a body corporate who was convicted of an offence or been ordered to pay a pecuniary penalty of the type listed above while that person was a manger or majority interest holder of the body corporate, or
  • for a permit application, held a permit that was cancelled under subsection 119(2) or section 119B of the code or under a corresponding provision of the Agvet Code of another jurisdiction, or
  • for a licence application, held a licence that was cancelled under subsection 127(1)(d) or (e) of the code or under a corresponding provision of the Agvet Code of another jurisdiction, or
  • been a manager, or a major interest holder of a body corporate that held a permit/licence that was cancelled in the circumstances set out above, while that person was a manager or majority interest holder of the body corporate, or
  • for a licence application has within the 5 years immediately before the application, failed to comply with a manufacturing principle in connection with the manufacture of chemical products.

Relevant offences

A relevant person has been convicted of a relevant offence if they have been:

  • convicted of an offence or been ordered to pay a pecuniary penalty for contravention of an:
    • agvet law
    • a law of this or another jurisdiction relating to chemical products
    • a law of the Commonwealth or of a state or territory involving fraud or dishonesty.

An applicant may have been convicted of an offence for present purposes even if:

  • a court has decided not to record a conviction, or
  • the relevant person was a manager or major interest holder of a body corporate which was convicted of a relevant offence.

Despite this prohibition, the APVMA may grant the permit or licence if, in our opinion, special circumstances make it appropriate to do so. We will determine the criteria for what constitutes a special circumstance on a case-by-case basis. The criteria will depend on the specific facts relating to the offence or contravention, as well as any remedial actions undertaken. For example, the APVMA may consider exercising the special circumstance provision in a situation where an employee of the applicant has committed the relevant offence without the applicant’s knowledge, and the applicant provides suitable evidence of how that employee’s conduct has been managed to prevent similar contraventions occurring in the future.

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