Reconsidering approvals and registrations

1. What is this guideline about?

  1. This guideline is made pursuant to section 6A of the Agvet Code.
  2. The purpose of this guideline is to set out our principles and processes in relation to performing our functions and exercising our powers relating to reconsidering approvals and registrations under Division 4 of Part 2 of the Agvet Code.
  3. It covers initiating reconsiderations, giving notice and obtaining information for the purposes of the reconsideration, and the process of reconsideration (including deciding on the scope of the reconsideration and what we take into account in carrying out the reconsideration). 
  4. The provisions of the Agvet Code and the Agvet Code Regulations covered by this guideline are outlined in the annexure to this guideline.
  5. This guideline commences on 1 July 2014.

1.1. How are reconsiderations initiated?

We may reconsider an approval or registration under section 31 of the Agvet Code if, based on information, we have reason to believe:

  1. for an active constituent—that the constituent may not meet the safety criteria or may not comply with a requirement prescribed by the Agvet Code Regulations
  2. for a chemical product—that the product may not meet the safety criteria, the trade criteria or the efficacy criteria or may not comply with a requirement prescribed by the Agvet Code Regulations
  3. for a label—that the label may not meet the labelling criteria or may not comply with a requirement prescribed by the Agvet Code Regulations.
  4. The information may include the following:
    1. information we have generated or obtained through the performance of our functions (including our surveillance functions)
    2. information given to us by the holder of an approval or registration
    3. information given to us by third parties (including adverse experience reports from product users, and reports or other information from government bodies, research bodies and advocacy groups).

1.2. Notice of reconsideration to the holder—what will it require and by when?

Under section 32(1) of the Agvet Code, we must give written notice of a reconsideration of an approval or registration to the holder. The notice will, among other things, require the holder to provide specified information, and invite the holder to make written submissions within a specified period in relation to the matters we propose to deal with in the reconsideration and our reasons for so proposing.

  1. In determining the ‘period’ within which the holder must respond to the notice, we will take into account the requirements of the notice, such as the kind of information required to be provided, whether the information is readily available, and the steps the recipient would need to take to provide the information.

  2. We will generally always require the holder give us:
    1. any information of a kind specifically stated in the notice of which the holder is aware (being information we regard as relevant to the reconsideration), and
    2. any other information of which the holder is aware that is relevant to the reconsideration.
  3. When we ask for information of which the holder is aware, we mean information that is known or in existence. We would not require the holder to provide us with specific information if it would require the holder to undertake substantial work to generate information to comply with the notice (rather, we would issue a notice under section 33 of the Agvet Code for that purpose). 

1.3. Informing others and inviting submissions—how and by when?

Under section 32(2) of the Agvet Code, we may, if we think it desirable to do so, inform any person, in any matter we think appropriate, that we propose to reconsider or are reconsidering an approval or registration—in which case we will, among other things, invite them to make written submissions within a specified period in relation to the matters we propose to reconsider or are reconsidering.

  1. We will generally publish a notice in the Gazette and on our website to inform all relevant stakeholders and the public at large of a reconsideration (or proposed reconsideration), and to invite submissions. We think this will mean that we reach the many persons who may have an interest in a reconsideration (or proposed reconsideration).
  2. In determining the ‘period’ within which written submissions must be made, we will take into account the nature of the reconsideration (or proposed reconsideration). Generally the we will request that written submissions be made within 28 days however longer periods may be appropriate depending on the number and nature of matters to be taken into account as part of the proposed reconsideration. 

1.4. When will we require further information, reports, results or samples from the holder?

Under section 33 of the Agvet Code, we may issue a notice to a holder requiring, within a ‘reasonable period’, that the holder:

  1. provide us with specified information
  2. carry out a search of published literature and provide us with a report on the result of that search
  3. conduct or cause to be conducted trials or laboratory experiments and provide us with the results of the trials or experiments, or
  4. provide us (or another specified body) with a specified sample for analysis.
  5. We will generally issue a notice where the information sought or the thing required to be done:
    1. is necessary for us to undertake the reconsideration, and
    2. the information is not information that we have or are likely to receive in response to the notice issued to the holder under section 32(1) of the Agvet Code.
  6. If we decide to issue a notice, we will do so:
    1. as early in the reconsideration process as is appropriate, and
    2. by issuing a single consolidated notice to the holder in relation to the reconsideration (rather than issuing multiple notices in respect of the same reconsideration), where appropriate.
  7. We will not issue a notice if to do so would likely compromise our ability to undertake the reconsideration within the applicable statutory timeframe.

1.5. What does a ‘reasonable period’ mean?

The length of ‘reasonable period’ will depend on the particular circumstances of the reconsideration and will vary in each case. 

  1. In determining what a ‘reasonable period’ is, we will take the following into account:
    1. the maximum period prescribed by regulation 21 of the Agvet Code Regulations, and
    2. the requirements of the proposed notice, such as the kind of information required to be provided, whether the information is readily available, and the steps the recipient would need to take to provide the information.

1.6. When will we allow a holder further time to respond to our notice?

We may allow the holder a further period to respond to our notice if an extraordinary event or circumstance beyond the holder’s control prevents them from fulfilling the obligations in the notice (section 33(1B) and regulation 21(3)).

  1. An extraordinary event or circumstance may include such things as natural disasters and similar events beyond the holder’s control (for example, the destruction of premises or documents by flood or fire).
  2. We will not allow further time to respond to a notice merely to allow the holder more time in which to generate new information, or to accommodate the impending end of a limitation or restriction on the use of particular information.

1.7. How will we decide what will be covered by the reconsideration?

Section 34(1) of the Agvet Code sets out matters about which we must be satisfied to affirm an approval or registration following reconsideration. However, we need only be satisfied of those matters to the extent that we decide that those matters are to be covered by the reconsideration (section 34(2)). For example, we may decide to reconsider the registration of a chemical product only on the basis that it may not meet the safety criteria, in which case we will decide that the reconsideration will only cover whether or not the product meets the safety criteria

  1. The matters to be covered by the reconsideration will depend on whether, based on information, we have reason to believe:
    1. for an active constituent—that the constituent may not meet the safety criteria or may not comply with a requirement prescribed by the Agvet Code Regulations
    2. for a chemical product—that the product may not meet the safety criteria, the trade criteria or the efficacy criteria or may not comply with a requirement prescribed by the Agvet Code Regulations
    3. for a label—that the label may not meet the labelling criteria or may not comply with a requirement prescribed by the Agvet Code Regulations.
  2. The information may include the following:
    1. any information given or submissions made in response to a notice issued under section 30 of the Agvet Code in relation to the reconsideration
    2. our reasons for deciding to undertake the reconsideration (and the information supporting those reasons)
    3. any information given or submissions made in response to a notice issued under section 32(1) of the Agvet Code in relation to the reconsideration
    4. any submissions made in response to an invitation issued under sections 32(2A)(b) or 34AB(2)(f) of the Agvet Code in relation to the reconsideration
    5. any information, reports, results or samples provided in response to a notice issued under section 33(1) of the Agvet Code in relation to the reconsideration
    6. any information given to us as required by section 161 of the Agvet Code in relation to the reconsideration
    7. any other information we have generated or obtained through the performance of our functions that is relevant to the reconsideration, including information we have obtained from the holder or from third parties (including adverse experience reports from product users, and reports or other information from government bodies, research bodies and advocacy groups).
  3. The matters to be covered by the reconsideration may change during the course of the reconsideration.

1.8. What do we take into account in carrying out a reconsideration?

In undertaking a reconsideration, we must have regard to the information specified in section 33(3) of the Agvet Code, including any other information we consider necessary to enable us to make a decision on the reconsideration. 

  1. This information includes all of the information referred to above to the extent we consider it necessary to enable us to make a decision on the reconsideration.
  1. Division 4 of Part 2 of the Agvet Code provides for the reconsideration of:
    1. the approval of an active constituent for a proposed or existing chemical product
    2. the registration of a chemical product, and
    3. the approval of a label for containers for a chemical product.
  2. The APVMA may invite the public to propose reconsiderations of active constituents, chemical products or labels. The APVMA can also commence a reconsideration of its own initiative. 
  3. The Division sets out the notice and other requirements associated with the reconsideration process. Following reconsideration, the APVMA must:
    1. affirm the approval or registration
    2. vary the relevant particulars or conditions of the approval or registration in such a way as to allow the approval or registration to be affirmed, or
    3. suspend or cancel the approval or registration.

    Note: Section 30 of the Agvet Code authorises the APVMA to invite the public to propose reconsiderations. Section 31 authorises the APVMA to reconsider approvals and registrations (see also regulations 20 and 78B of the Agvet Code Regulations). Sections 32 and 33 deal with notice requirements prior to reconsideration (see also regulation 21 of the Agvet Code Regulations). Sections 34, 34A and 34AA deal with the reconsideration process and possible outcomes. Section 34AB deals with notice requirements in respect of the proposed decision on the reconsideration. Sections 34AC deals with notice requirements if the APVMA affirms the approval or registration following reconsideration (see also regulation 22 of the Agvet Code Regulations). Section 34F deals with reconsideration of approval of a label without notice (see also regulation 22AA of the Agvet Code Regulations). 

To protect your privacy, please do not include contact information in your feedback. If you would like a response, please contact us.