The Australian Pesticides and Veterinary Medicines Authority (APVMA) may use information otherwise subject to the limits on use of information provisions if the authorising party gives written consent to the use of the information.
The Agvet Code defines an authorising party as a person who would be entitled to bring an action for breach of an obligation of confidence if the information were disclosed by someone else to the APVMA for the purposes of the Agvet Code or the Agvet Code Regulations without the person’s permission.
A ‘person’ includes an individual or a body corporate (such as a limited liability company). It is possible that more than one person could be an authorising party in respect of particular information (for example, more than one individual or a group of limited liability companies). The authorising party need not reside in Australia.
Typically the authorising party is the owner of the information.
Where an applicant obtains written consent to use information, the consent document(s) can be uploaded using the data and information page in the application form. The authorising party can be identified as either the:
- applicant – the applicant as identified on the data list and application form is the authorising party
- other party – a party other than the applicant is the authorising party. If ‘other party’ is selected, the ‘name of other party’ and ‘details of other party’ fields will become available where the name and address details of the other party need to be completed. Where the authorising party is both the applicant and another party, 'other party' should be selected and both the applicant and other party’s details should be inserted in the ‘name of other party’ and ‘details of other party’ fields.
Note: It is the applicant’s responsibility to ensure the correct authorising party or parties are provided in the data list. We will only accept consent for use from the nominated authorising party or parties. There are criminal penalties for providing false or misleading information to the APVMA.