Sections 11 and 28 of the Agricultural and Veterinary Chemicals Code Act 1994 have been amended to allow the Australian Pesticides and Veterinary Medicines Authority (APVMA) to issue notices in response to an application (or variation) not meeting the requirements set out in the Agricultural and Veterinary Chemicals Code (Application Requirements) Instrument 2014.
Previously, the APVMA was required to refuse an application if it did not meet the conditions set out in the Agricultural and Veterinary Chemicals Code (Application Requirements) Instrument 2014. Applicants then had to make a new application, which was administratively burdensome for industry and time-consuming for the APVMA.
These amendments enable the APVMA to, following preliminary assessment of an application, notify an applicant of minor errors in their application, and provide them with one opportunity to address those errors or submit missing information, where this can be reasonably rectified.
This flexibility is consistent with the flexibility currently available for the preliminary assessment of permit applications under section 110A of the Agvet Code.
Providing applicants with an opportunity to address errors or submit missing information will, for example, overcome situations where an applicant has failed to attach information, or attached the wrong piece of information to an application.
The new notices will be issued under section 11(3) and section 28(3) and will provide applicants with one month to rectify the identified defects in their application.
Regulation 8AHAA of the Agricultural and Veterinary Chemicals Code Regulations 1995 has been created to allow the APVMA to consider information provided on request that clarifies or updates information supplied in an application. APVMA staff may now follow up a phone call, meeting or other conversation with a request via email providing 14 days to clarify or update information. This information can be considered by the APVMA when assessing an application.
If you have any questions about these changes, please contact us via +61 2 6770 2300 or email@example.com.