This content is current only at the time of printing. This document was printed on 5 October 2022. A current copy is located at https://apvma.gov.au/node/961
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Section 6A guidelines
An overview of section 6A
- Section 6A of the Agvet Code provides that we may make written guidelines for performing our functions and exercising our powers under the Agvet Code and the Agvet Code Regulations (the guidelines).
- If we make the guidelines, we must have regard to them in performing our functions and exercising our powers under the Agvet Code and the Agvet Code Regulations.
- Section 6A provides that the guidelines must include:
- principles and processes for effective and efficient regulation of chemical products and their constituents; and
- principles and processes relating to:
- preliminary assessment
- the approval of active constituents for proposed or existing chemical products
- the registration of chemical products
- the approval of labels for containers for chemical products
- the variation of relevant particulars and conditions
- the issue of permits and licences, and
- the reconsideration of approvals and registrations.
- The guidelines must not be inconsistent with an 'agvet law' (which is defined in the Agvet Code to mean the Agvet Code, as well as certain other Acts). If there is a conflict between the guidelines and an agvet law, the agvet law will prevail.
- The guidelines do not constitute legal advice and do not replace legal obligations under the agvet law.
- The guidelines are not a legislative instrument. They state the general position as to how we will perform our functions and exercise our powers under the Agvet Code and the Agvet Code Regulations. In particular, they apply to the decisions we make under the Agvet Code and the Agvet Code Regulations.
- When the guidelines refer to us or the ‘APVMA’ in the context of the exercise of a particular power, or the making of a particular decision, they should also be taken as referring to a delegate of the APVMA (see section 11 of the Admin Act).
- While we must 'have regard to' the guidelines in performing our functions and exercising our powers under the Agvet Code and the Agvet Code Regulations, we are not bound to follow the guidelines and will depart from them in appropriate cases. This allows for us to be appropriately flexible in circumstances particularly where the guidelines have not taken into account a specific circumstance or particular matter.
- The purpose of the guidelines is to improve the efficiency and effectiveness of the regulation of agvet chemicals and their constituents through increased transparency, consistency, accountability and predictability of decision-making.
- Where appropriate, the guidelines may refer to other documents that are taken into account by us in performing our functions or exercising our powers under the Agvet Code and the Agvet Code Regulations.
- The guidelines commence on 1 July 2014 or on the commencement date referred to in the particular guideline (whichever is later).
- We may amend the guidelines from time-to-time.
The content of the guidelines we have made
- We have made the following guidelines under section 6A of the Agvet Code: