Certificates issued under section 70 of the Administration Act

The APVMA may issue a certificate under section 70 of the Agricultural and Veterinary Chemicals (Administration) Act 1992 (the Admin Act) that, when produced, is prima facie evidence of the matters stated in the certificate. The certificate may state any of the following:

• that the APVMA has done any act or thing or formed any opinion
• that a substance referred to in a certificate was, or was not, at a particular time, or during a particular period, an active constituent, or an approved active constituent, for a proposed or existing chemical product
• that a chemical product referred to in the certificate was, or was not, at a particular time, or during a particular period, a chemical product, a registered chemical product, a registered listed chemical product or a reserved chemical product.

We may issue a certificate under section 70 for a range of purposes including:

• export purposes—where evidence of details related to an active constituent approval or chemical product manufacture is needed
• use in legal proceedings.

Requests for certificates must be made in writing, and include details of the type of certificate sought, why the information is sought and the appropriate information needed to support the request.

There is no fee charged for the issue of certificates under section 70.

We will assess all requests in a timely and efficient manner and endeavour to process your certificate request within 20 working days.

Section 70 export certificates

Certificates issued under Section 70 for export purposes may only state certain information about chemical substances or chemical product manufacturing processes. We are unable to include information provided by, or liaise with the Department of Foreign Affairs and Trade, in preparing these certificates. (see also Export Certificates under s69D of the Admin Act).

The APVMA does not provide advice on the documentation requirements of other countries.

Section 70 certificates for use as evidence

Certificates that state information required for use in legal proceedings may be issued under sections 69ES and 70 of the Admin Act or under section 149 of the Agricultural and Veterinary Chemicals Code Act 1994. The relevant provision will depend on the legislation under which the legal proceedings are being initiated. 

Section 70 certificates are appropriate in circumstances where the relevant proceedings involve an offence punishable by imprisonment.

For more information please contact us.