Exemptions from certain offence provisions of the Agvet Code

The APVMA has the power to exempt substances, active constituents and chemical products, or certain activities, from the operation of certain offence and civil penalty provisions of the Agricultural and Veterinary Chemicals Code (the Agvet Code), scheduled to the Agricultural and Veterinary Chemicals Code Act 1994. The following information explains how we exercise this power.

Which legislative provisions apply?

Offence provisions that apply in relation to a substance, active constituent or chemical product, or certain acitivities, unless, among other things, we have given an exemption include:

  • section 74(2A)—possession or custody of unapproved active constituents with the intention of supply
  • section 75(2A)—possession or custody of chemical products, other than registered or reserved products, with the intention of supply
  • section 76 (2A)—supply of unapproved active constituents
  • section 78 (2A)—supply of chemical products that are not registered products or reserved products
  • section 84 (2A)—making a claim inconsistent with an approved label.

1. Principles

In considering whether it is appropriate to exempt substances, active constituents, chemical products or particular activities from the operation of an offence provision, we consider:

  • the particular circumstances of the noncompliance (if any) with the Agvet Code
  • the APVMA Compliance and Enforcement Policy
  • whether an application has been lodged with us for an approval, registration, permit, licence or other authorisation relevant to the substance, person or activity
  • precedent treatment of comparable substances, activities or persons
  • the length of time that an exemption would be needed
  • risk
  • whether giving an exemption is preferable to other available options, such as approval of an active constituent under section 14A, or the development of an additional Regulation or instrument, such as for a listed or reserved chemical product.

If we give an exemption, we publish a notice with the details of the exemption in the APVMA Gazette.

2. How long will an exemption last?

The period for which we give an exemption is at our discretion. We consider that exemptions should be temporary but long enough to permit a return to compliance or the development of alternative regulatory treatment. We can vary or revoke an exemption that we have granted at any time.

3. Can I apply for an exemption?

The Agvet Code does not provide for you to apply for an exemption. If an exemption is given, it will be at our volition and discretion.

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