Trade criteria

A chemical product meets the trade criteria if use of the product, in accordance with any instructions approved or to be approved by the APVMA or contained in an established standard, does not, or would not, unduly prejudice trade or commerce between Australia and places outside Australia.

We must have regard to the following for the purposes of being satisfied whether a chemical product meets the trade criteria:

  1. any conditions to which its registration is, or would be, subject
  2. any relevant particulars that are, or would be, entered in the Register for the product
  3. whether the product conforms, or would conform, to any standard made for the product

any matters prescribed by the Regulations. The extent to which the APVMA must have regard to those matters is prescribed by the Agvet Code Regulations to be:

  • In full where it can be reasonably expected that the chemical product will be used in relation to:
    • a crop or animal, a product of which might be produced to a place outside Australia
    • a crop that will be fed to an animal, a product of which might be produced to a place outside Australia
  • In any other case, to the extent that the APVMA thinks is relevant.

To issue a permit, we must also be satisfied that you meet the application requirements, and have complied with any requirements made during the course of the permit evaluation.

An application meets the application requirements if:

  1. it is in writing in the approved form
  2. it is signed by the applicant
  3. it is accompanied by as much of the prescribed fee as is required to be paid when the application is made
  4. it is lodged with the APVMA
  5. it contains, or is accompanied by, any information specified by legislative instrument made by us under section 8B of the Agvet Code
  6. the constituent, product or label in relation to which the application is made complies, or will comply, with any requirement prescribed by the Regulations
  7. any requirement of you made by us under section 157 or 159 of the Agvet Code in relation to your application has been complied with;
  8. any requirement prescribed by another provision of the Code in relation to the application has been complied with; and
  9. any amount (including an amount in respect of a tax or penalty) that is payable by the applicant to the APVMA (including under a law of another jurisdiction or the agvet law) has been paid.

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