This content is current only at the time of printing. This document was printed on 31 January 2023. A current copy is located at https://apvma.gov.au/node/575
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Approval or variation of an active constituent or registration
Section 167 of the Agvet Code lists a range of decisions we make, relating to applications for approval, registration and variation, that are reviewable by the Administrative Appeal Tribunal (AAT). Alternatively, you can seek internal review of any decision listed at section 167.
The decisions made by us in relation to an application for approval, registration or variation that are eligible for AAT review or internal review include:
- approval or registration of a constituent, product or label with an instruction or relevant particular other than an instruction or relevant particular set out in the application
- approval or registration of a constituent, product or label subject to particular conditions
- refusal of an application to approve or register a constituent, product or label, or to vary the relevant particulars or conditions of a constituent, product or label—other than if the decision to refuse is a circumstance set out above
- refusal to waive or remit whole or a part of a fee.
Internal review is also available for decisions made by us to refuse your application for approval, registration or variation (except in preliminary assessment) where our decision was based only on the application requirements set out under sections 8A(a) and 8A(b) of the Agvet Code not being met. These decisions are not subject to review by the AAT.
Application requirements set out under sections 8A(a) and 8A(b) of the Agvet Code include that your application must:
- be in writing in the approved form
- be signed by you
- be accompanied by so much of the prescribed fee as is required to be paid when your application is made
- be lodged with the APVMA
- contains, or will be accompanied by, any information specified for the application in the legislative instrument created by us under section 8B of the Agvet Code and
- be compliant with or will comply with any relevant requirements prescribed by the Agvet Code Regulations for active constituents, chemical products or labels.