Exceptions – section 34J of the Agvet Code

We may use information given to us in connection with applications for approval or registration (including variations) or under section 161 if:

• the authorising party gives written consent to use the information
• use of the information is in the public interest (subject to further legislative requirements)
• the information shows that the constituent or product may not meet the safety criteria, the trade criteria or the efficacy criteria
• the information is given to the APVMA in connection with an application and is used to assess or make a decision on the application
• the information is given to the APVMA in connection with the reconsideration of an approval or registration and is used to reconsider the approval or registration
• the information is ‘protected information’ whose ‘protection period’ has expired
• information is information to which a limitation period applies and the limitation period has ended
• information is information to which a limitation period’ applies and the information is to be used to reconsider an approval or registration if the decision on the reconsideration is made after the limitation period has ended
• the information is publicly available
• the information was given to the APVMA in connection with an application for approval, as an active constituent for a chemical product, of a substance that was a previously endorsed active constituent on 1 January 2005, and   
• the information was given to the APVMA in connection with an application for the variation of the relevant particulars or conditions of the approval of an active constituent for a chemical product.