A chemical product meets the trade criteria if use of the product, in accordance with any instructions approved or to be approved by the Australian Pesticides and Veterinary Medicines Authority (APVMA) or contained in an established standard, does not, or would not, unduly prejudice trade or commerce between Australia and places outside Australia.
We must have regard to the following for the purposes of being satisfied whether a chemical product meets the trade criteria:
- Any conditions to which its registration is, or would be, subject
- Any relevant particulars that are, or would be, entered in the register for the product
- Whether the product conforms, or would conform, to any standard made for the product
- Any matters prescribed by the Regulations
The extent to which the APVMA must have regard to those matters is prescribed by the Agvet Code Regulations to be:
- in full where it can be reasonably expected that the chemical product will be used in relation to a:
- crop or animal, a product of which might be provided to a place outside Australia
- crop that will be fed to an animal, a product of which might be provided to a place outside Australia
- in any other case, to the extent that the APVMA thinks is relevant.