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Enforcement

The APVMA administers Australia’s agvet legislation and has a duty to not only manage potential risks, but also enforce compliance when required.

The legislation includes:

The legislation allows us, and in some cases compels us, to:

  • issue substantiation notices
  • issue formal warnings
  • enter into enforceable undertakings
  • issue enforceable directions
  • issue infringement notices
  • issue stop supply and recall notices
  • cancellation or suspension of a permit for noncompliance or prior convictions
  • cancel or suspend permits to prevent imminent risk
  • issue a notice to attend, give information or produce documents or things
  • Obtain and execute monitoring warrants
  • Obtain and execute investigation warrants.

APVMA's authority

Agvet legislation gives the APVMA compliance and enforcement powers to monitor and assess compliance, manage risk, gather information and investigate and respond to noncompliance.

Non-compliance risk

Our discretion to respond to noncompliance using a graduated range of compliance and enforcement tools.

Formal warnings

The issue of a formal warning places a person on notice that we have identified an issue of concern and gives them an opportunity to take corrective action.

Consent to import chemical products

Information on applying for import consent including information on the records you will need to keep.

Substantiation notices

A substantiation notice requires you to provide information in relation to import, export, supply manufacture, efficacy and safety of the product or constituent.

Notice to attend, give information or produce documents or items

The APVMA can issue a notice to require a person to appear before an inspector to answer questions or provide information.

Enforceable undertakings

An enforceable undertaking is an alternative to prosecution for an alleged or actual non-compliance.

Enforceable directions

Enforceable directions may be issued to a person, or other entity, who is believed not to be complying with the Agvet Code.

Warrants

APVMA inspectors may apply to a magistrate under Part 9 of the Agricultural and Veterinary Chemicals Code Act 1994 (Agvet Code), for either a monitoring warrant or an investigative warrant.

Infringement notices

Information on infringement notices and how they are issued and enforced.

Prosecution

Information on when issues of non-compliance proceed to the courts.

Cancellation or suspension of registration or permits

Information about the grounds on which the APVMA can suspend or cancel a permit for noncompliance or prior convictions.

Content last updated: 
20 June 2018
Content last reviewed: 
20 June 2018
URL: 
https://apvma.gov.au/node/74

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