Commonwealth: Agricultural and Veterinary Chemicals Legislation Amendment (Australian Pesticides and Veterinary Medicines Authority Board and Other Improvements) Act 2021 (Cth)

Agricultural and Veterinary Chemicals Legislation Amendment (Australian Pesticides and Veterinary Medicines Authority Board and Other Improvements) Act 2021 No. 125, 2021 An Act to amend the law relating to agricultural and veterinary chemicals, and for related purposes Contents 1 Short title 2 Commencement 3 Schedules Schedule 1—Main improvements Part 1—Information to be taken into account in determining applications Agricultural and Veterinary Chemicals Code Act 1994 Part 2—Approval and registration for prescribed active constituents, chemical products or labels Agricultural and Veterinary Chemicals Code Act 1994 Part 3—Limits on use of information Agricultural and Veterinary Chemicals Code Act 1994 Part 4—Annual returns and record‑keeping Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994 Agricultural and Veterinary Chemicals (Administration) Act 1992 Part 5—Computerised decision‑making Agricultural and Veterinary Chemicals Code Act 1994 Part 6—Preliminary assessments Agricultural and Veterinary Chemicals Code Act 1994 Part 7—Variation of relevant particulars and conditions Agricultural and Veterinary Chemicals Code Act 1994 Part 8—Variation of approval or registration during suspension Agricultural and Veterinary Chemicals Code Act 1994 Part 9—False and misleading information Agricultural and Veterinary Chemicals (Administration) Act 1992 Agricultural and Veterinary Chemicals Code Act 1994 Part 10—Suspension or cancellation of approval or registration for provision of false or misleading information Agricultural and Veterinary Chemicals Code Act 1994 Part 11—Voluntary recalls Agricultural and Veterinary Chemicals Code Act 1994 Part 12—Notification of new information Agricultural and Veterinary Chemicals Code Act 1994 Part 13—Annual operational plans Agricultural and Veterinary Chemicals (Administration) Act 1992 Part 14—Definition of registered chemical product Agricultural and Veterinary Chemicals Code Act 1994 Part 15—Supply of registered chemical products with unapproved label Agricultural and Veterinary Chemicals Code Act 1994 Part 16—Safety, efficacy, trade and labelling criteria Agricultural and Veterinary Chemicals Code Act 1994 Part 17—Maximum Residue Limits Standard Agricultural and Veterinary Chemicals (Administration) Act 1992 Agricultural and Veterinary Chemicals Code Act 1994 Part 18—Expiry date Agricultural and Veterinary Chemicals Code Act 1994 Part 19—Other amendments Agricultural and Veterinary Chemicals (Administration) Act 1992 Agricultural and Veterinary Chemicals Code Act 1994 Part 20—Repeals Agricultural and Veterinary Chemicals Legislation Amendment (Removing Re‑approval and Re‑registration) Act 2014 Schedule 2—Australian Pesticides and Veterinary Medicines Authority Board Agricultural and Veterinary Chemicals (Administration) Act 1992 Agricultural and Veterinary Chemicals Legislation Amendment (Australian Pesticides and Veterinary Medicines Authority Board and Other Improvements) Act 2021 No. 125, 2021 An Act to amend the law relating to agricultural and veterinary chemicals, and for related purposes [Assented to 7 December 2021] The Parliament of Australia enacts: 1 Short title This Act is the Agricultural and Veterinary Chemicals Legislation Amendment (Australian Pesticides and Veterinary Medicines Authority Board and Other Improvements) Act 2021. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 7 December 2021 2. Schedule 1, Parts 1 and 2 The day after the end of the period of 6 months beginning on the day this Act receives the Royal Assent. 7 June 2022 3. Schedule 1, Part 3 A single day to be fixed by Proclamation. 7 March 2022 However, if the provisions do not commence within the period of 3 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. 4. Schedule 1, Part 4 The day after this Act receives the Royal Assent. 8 December 2021 5. Schedule 1, Part 5 A single day to be fixed by Proclamation. 7 June 2022 However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. 6. Schedule 1, Part 6 The day after the end of the period of 12 months beginning on the day this Act receives the Royal Assent. 7 December 2022 7. Schedule 1, Parts 7 to 12 The day after the end of the period of 3 months beginning on the day this Act receives the Royal Assent. 7 March 2022 8. Schedule 1, Part 13 The first 1 January to occur after the day this Act receives the Royal Assent. 1 January 2022 9. Schedule 1, Parts 14 to 20 The day after this Act receives the Royal Assent. 8 December 2021 10. Schedule 2 A single day to be fixed by Proclamation. 4 March 2022 However, if the provisions do not commence within the period of 12 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. (F2022N00042) Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedules Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—Main improvements Part 1—Information to be taken into account in determining applications Agricultural and Veterinary Chemicals Code Act 1994 1 Subsection 8C(2) of the Code set out in the Schedule Omit "However", substitute "Subject to subsection (2A)". 2 After subsection 8C(2) of the Code set out in the Schedule Insert: (2A) Subsection (2) does not apply to information that is prescribed by the regulations, and that is provided in the circumstances prescribed by the regulations, for the purposes of this subsection. 3 Application provision The amendments of section 8C of the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 made by this Part apply in relation to the following: (a) applications lodged on or after the commencement of this item; (b) applications lodged before the commencement of this item but not determined by the APVMA before that commencement. Part 2—Approval and registration for prescribed active constituents, chemical products or labels Agricultural and Veterinary Chemicals Code Act 1994 4 Section 3 of the Code set out in the Schedule Insert: prescribed active constituent has the meaning given by subsection 14C(4). prescribed chemical product has the meaning given by subsection 14D(4). prescribed label for containers for a chemical product has the meaning given by subsection 14E(4). 5 Before section 9A of the Code set out in the Schedule Insert: Subdivision A—Explanation of Division 6 Subsections 9A(2) to (5) of the Code set out in the Schedule Repeal the subsections, substitute: Approval and registration for active constituents, chemical products or labels after assessment (2) Subdivision B provides for approval and registration for active constituents, chemical products or labels after assessment against certain criteria. Section 10 provides for applications to be made and applications must meet the application requirements in section 8A. (3) The APVMA must complete a preliminary assessment of an application. If the application passes preliminary assessment, the APVMA must notify the applicant and publish a summary of the application (section 11). (4) Before determining certain applications that have passed preliminary assessment, the APVMA must publish a notice inviting public submissions (sections 12 and 13). (5) The APVMA must approve an active constituent or label, or register a chemical product, if specified criteria are met (section 14). Approval and registration for prescribed active constituents, chemical products or labels (5A) Subdivision C provides for approval and registration for a prescribed active constituent, prescribed chemical product or prescribed label for containers for a chemical product. Sections 14C, 14D and 14E provide for applications to be made and applications must meet the application requirements in section 8A. (5B) If an application meets the application requirements, the APVMA must approve the active constituent or label, or register the chemical product, if no disqualifying circumstances exist in relation to the applicant. Common provisions 7 After section 9A of the Code set out in the Schedule Insert: Subdivision B—Approval and registration for active constituents, chemical products or labels after assessment 8 After section 14B of the Code set out in the Schedule Insert: Subdivision C—Approval and registration for prescribed active constituents, chemical products or labels 14C Applications for approval of prescribed active constituents (1) A person may apply to the APVMA for approval of a prescribed active constituent. Note: For prescribed active constituent, see subsection (4). (2) The application must meet the application requirements. Note: For meets the application requirements, see section 8A. (3) The APVMA may alter the application with the written consent of the applicant. (4) A prescribed active constituent is an active constituent that: (a) is for a proposed or existing chemical product; and (b) is of a kind: (i) prescribed by the regulations for the purposes of this subparagraph; or (ii) determined by the APVMA under subsection (6). (5) The APVMA must not determine a kind of active constituent under subsection (6) unless it is satisfied that the kind of active constituent would meet the safety criteria. (6) The APVMA may, by legislative instrument, determine a kind of active constituent for the purposes of subparagraph (4)(b)(ii). Decision on application (7) The APVMA must approve the active constituent that is the subject of the application if it is satisfied that: (a) the application meets the application requirements; and (b) the active constituent is a prescribed active constituent; and (c) none of the circumstances determined in an instrument under subsection (9) apply in relation to the applicant. Note: For notice of approval, see section 8F. (8) Otherwise, the APVMA must refuse the application. Note: For notice of refusal, see section 8G. Disqualifying circumstances (9) The APVMA may, by legislative instrument, determine circumstances for the purposes of paragraph (7)(c). 14D Applications for registration of prescribed chemical products (1) A person may apply to the APVMA for registration of a prescribed chemical product. Note: For prescribed chemical product, see subsection (4). (2) The application must meet the application requirements. Note: For meets the application requirements, see section 8A. (3) The APVMA may alter the application with the written consent of the applicant. (4) A prescribed chemical product is a chemical product that is of a kind: (a) prescribed by the regulations for the purposes of this paragraph; or (b) determined by the APVMA under subsection (6). (5) The APVMA must not determine a kind of chemical product under subsection (6) unless it is satisfied that the kind of chemical product would: (a) meet the safety criteria, the trade criteria and the efficacy criteria; or (b) comply with the established standard for the kind of chemical product. (6) The APVMA may, by legislative instrument, determine a kind of chemical product for the purposes of paragraph (4)(b). Decision on application (7) The APVMA must register the chemical product that is the subject of the application if it is satisfied that: (a) the application meets the application requirements; and (b) the chemical product is a prescribed chemical product; and (c) none of the circumstances determined in an instrument under subsection (9) apply in relation to the applicant. Note: For notice of approval, see section 8F. (8) Otherwise, the APVMA must refuse the application. Note: For notice of refusal, see section 8G. Disqualifying circumstances (9) The APVMA may, by legislative instrument, determine circumstances for the purposes of paragraph (7)(c). 14E Applications for approval of prescribed labels for containers for chemical products (1) A person may apply to the APVMA for approval of a prescribed label for containers for a chemical product. Note: For prescribed label for containers for a chemical product, see subsection (4). (2) The application must meet the application requirements. Note: For meets the application requirements, see section 8A. (3) The APVMA may alter the application with the written consent of the applicant. (4) A prescribed label for containers for a chemical product is a label: (a) for containers for a chemical product; and (b) that is of a kind: (i) prescribed by the regulations for the purposes of this subparagraph; or (ii) determined by the APVMA under subsection (6). (5) The APVMA must not determine a kind of label under subsection (6) unless it is satisfied that the kind of label would: (a) meet the labelling criteria; or (b) comply with the established standard for the chemical product. (6) The APVMA may, by legislative instrument, determine a kind of label for the purposes of subparagraph (4)(b)(ii). (7) Without limiting subsection (6), a kind of label may be described by reference to a kind of chemical product. Decision on application (8) The APVMA must approve the label that is the subject of the application if it is satisfied that: (a) the application meets the application requirements; and (b) the label that is the subject of the application is a prescribed label for containers for a chemical product; and (c) none of the circumstances determined in an instrument under subsection (10) apply in relation to the applicant. Note: For notice of approval, see section 8F. (9) Otherwise, the APVMA must refuse the application. Note: For notice of refusal, see section 8G. Disqualifying circumstances (10) The APVMA may, by legislative instrument, determine circumstances for the purposes of paragraph (8)(c). Subdivision D—Common provisions 9 Paragraphs 17(3)(a) and (b) of the Code set out in the Schedule After "section 14", insert "or 14C". 10 After subsection 34G(1) of the Code set out in the Schedule Insert: (1AA) The APVMA must not use the following information to assess or make a decision on an application made under section 14C, 14D or 14E: (a) information given to the APVMA in connection with an application made under section 10 or 27 by the applicant for that application; (b) information given under section 161. 11 Subsection 34G(1B) of the Code set out in the Schedule After "subsections (1)", insert ", (1AA)". 12 Subparagraph 166(1A)(b)(i) of the Code set out in the Schedule After "subsection 14(2)", insert ", 14C(8), 14D(8) or 14E(9)". 13 Paragraph 167(1)(a) of the Code set out in the Schedule After "subsection 14(1)", insert ", 14C(7), 14D(7) or 14E(8)". 14 Paragraph 167(1)(b) of the Code set out in the Schedule After "subsection 14(2)", insert ", 14C(8), 14D(8) or 14E(9)". Part 3—Limits on use of information Agricultural and Veterinary Chemicals Code Act 1994 15 Section 3 of the Code set out in the Schedule (at the end of the definition of limitation period) Add: Note: See also section 34MA (which deals with extensions of limitation periods). 16 Section 3 of the Code set out in the Schedule (paragraph (b) of the definition of protected active constituent) Repeal the paragraph, substitute: (b) the term of the letters patent (including any extension of that term): (i) has ended; or (ii) will end during the protection period (including that period as extended) that applies to protected information about that constituent; 17 Section 3 of the Code set out in the Schedule (paragraph (b) of the definition of protected chemical product) Repeal the paragraph, substitute: (b) the term of the letters patent (including any extension of that term): (i) has ended; or (ii) will end during the protection period (including that period as extended) that applies to protected information about that product; 18 Section 3 of the Code set out in the Schedule (at the end of the definition of protection period) Add: Note: See also section 34KA (which deals with extensions of the protection period). 19 Subsection 34F(4) of the Code set out in the Schedule After "34K", insert ", 34KA". 20 Subsection 34F(5) of the Code set out in the Schedule Omit "Section 34M sets", substitute "Sections 34M and 34MA set". 21 Subsection 34J(5A) of the Code set out in the Schedule Repeal the subsection, substitute: Protected information whose protection period has expired (5A) Another condition is that the information is protected information and either: (a) the protection period in relation to that information has ended; or (b) if the protection period in relation to that information is extended in accordance with regulations made for the purposes of section 34KA—the protection period, as extended, has ended. Note: For protected information and protection period, see section 3 and Part 3. 22 After section 34K of the Code set out in the Schedule Insert: 34KA Extension of protection periods (1) The regulations may make provision for and in relation to either or both of the following: (a) extending the protection period in relation to protected information; (b) ending such an extension. (2) An application for an extension is not required. (3) Instead, an extension of a protection period must not occur unless, at least 3 years before that protection period (including that period as previously extended) will end, an application that satisfies the following is lodged: (a) the application is under a provision of this Part prescribed by the regulations for the purposes of this paragraph; (b) the application satisfies the requirements prescribed by the regulations for the purposes of this paragraph. Maximum extension (4) The total length of all extensions of a protection period, in relation to particular protected information, must not be more than 5 years. Powers may be conferred on the APVMA (5) In relation to an extension of a protection period, or ending such an extension, the regulations may confer a power to make a decision of an administrative character on the APVMA. 23 Subsection 34M(1) of the Code set out in the Schedule Omit "The table", substitute "Subject to section 34MA, the table". 24 At the end of subsection 34M(1) of the Code set out in the Schedule Add: Note: Section 34MA deals with extensions of the limitation period. 25 At the end of Division 4A of Part 2 of the Code set out in the Schedule Add: 34MA Extension of limitation periods (1) The regulations may make provision for and in relation to either or both of the following: (a) extending the limitation period for information covered by an item of the table in subsection 34M(1); (b) ending such an extension. (2) An application for an extension is not required. (3) One of the circumstances in which there may be an extension of a limitation period under the regulations is if, at least 3 years before that limitation period (including that period as previously extended) will end, an application that satisfies the following is lodged: (a) the application is under a provision of this Part prescribed by the regulations for the purposes of this paragraph; (b) the application satisfies the requirements prescribed by the regulations for the purposes of this paragraph. Maximum extension (4) The total length of all extensions of a limitation period, for particular information covered by an item of the table in subsection 34M(1), must not be more than 5 years. Powers may be conferred on the APVMA (5) In relation to an extension of a limitation period, or ending such an extension, the regulations may confer a power to make a decision of an administrative character on the APVMA. 26 Paragraph 59(2)(c) of the Code set out in the Schedule After "protection period", insert "(including that period as extended)". 27 Application provisions (1) Section 34KA of the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994, as inserted by this Part, applies in relation to a protection period beginning before, on or after the day this item commences. (2) Section 34MA of the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994, as added by this Part, applies in relation to a limitation period beginning before, on or after the day this item commences. Part 4—Annual returns and record‑keeping Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994 28 Subsection 3(1) Insert: active constituent has the same meaning as in the Agricultural and Veterinary Chemicals Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994. 29 After section 34 Insert: 35 Annual returns by interested persons (1) The interested person in relation to a chemical product who is liable to pay levy in respect of leviable disposals of the product that took place anywhere in Australia at any time during a financial year must give the APVMA, before 30 November in the next financial year, a return setting out the total quantity of the chemical product covered by those leviable disposals. Note: See also sections 37A and 37B. (2) Subsection (1) does not apply: (a) to that interested person in relation to that chemical product and to a financial year if the total quantity of that product covered by those leviable disposals in that year is not more than the quantity prescribed by the regulations for the purposes of this paragraph; or (b) to a chemical product prescribed by the regulations for the purposes of this paragraph. Strict liability offence (3) A person commits an offence of strict liability if the person contravenes subsection (1). Penalty: 50 penalty units. Civil penalty (4) Subsection (1) is a civil penalty provision. Note 1: For monitoring and investigation powers of inspectors in relation to this Act, see Part 7AA of the Agricultural and Veterinary Chemicals (Administration) Act 1992. Note 2: Division 1 of Part 7AB of the Agricultural and Veterinary Chemicals (Administration) Act 1992 provides for pecuniary penalties for contraventions of civil penalty provisions. Note 3: For infringement notices, enforceable undertakings and formal warnings in relation to contraventions of subsection (1), see Divisions 2, 3 and 6 of Part 7AB of the Agricultural and Veterinary Chemicals (Administration) Act 1992. Statement to Department (5) From the returns given to the APVMA in relation to a financial year, the APVMA must give the Secretary of the Department, before the end of the next financial year, a statement setting out the total quantities of each active constituent for each chemical product covered by those returns. 30 After section 36 Insert: 37 Records to be kept by interested persons (1) The interested person in relation to a chemical product who is liable to pay levy in respect of leviable disposals of the product that took place anywhere in Australia at any time during a financial year must: (a) keep any records relating to those disposals that are reasonably necessary to enable the APVMA to find out whether section 35 has been complied with; and (b) retain those records for 6 years. Note: See also sections 37A and 37B. Strict liability offence (2) A person commits an offence of strict liability if the person contravenes subsection (1). Penalty: 50 penalty units. Civil penalty (3) Subsection (1) is a civil penalty provision. Note 1: For monitoring and investigation powers of inspectors in relation to this Act, see Part 7AA of the Agricultural and Veterinary Chemicals (Administration) Act 1992. Note 2: Division 1 of Part 7AB of the Agricultural and Veterinary Chemicals (Administration) Act 1992 provides for pecuniary penalties for contraventions of civil penalty provisions. Note 3: For infringement notices, enforceable undertakings and formal warnings in relation to contraventions of subsection (1), see Divisions 2, 3 and 6 of Part 7AB of the Agricultural and Veterinary Chemicals (Administration) Act 1992. 37A Main constitutional basis of sections 35 and 37 Sections 35 and 37 rely on the Commonwealth's legislative powers under paragraphs 51(xi) (census and statistics) and (xxxix) (incidental matters) of the Constitution. 37B Other constitutional bases of sections 35 and 37 (1) Independently of section 37A, sections 35 and 37 also have effect as provided by this section. Trade and commerce (2) Sections 35 and 37 also have the effect they would have if a reference to a leviable disposal were expressly confined to a leviable disposal that occurs in the course of: (a) trade or commerce between Australia and places outside Australia; or (b) trade or commerce among the States; or (c) trade or commerce within a Territory, between a State and a Territory or between 2 Territories. Corporations (3) Sections 35 and 37 also have the effect they would have if a reference to a leviable disposal were expressly confined to a leviable disposal by a corporation to which paragraph 51(xx) of the Constitution applies. Territories (4) Sections 35 and 37 also have the effect they would have if a reference to a leviable disposal were expressly confined to a leviable disposal that occurs in a Territory. 31 Application provisions (1) Section 35 of the Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994, as inserted by this Part, applies in relation to leviable disposals that take place in the financial year in which this item commences or in a later financial year. (2) Section 37 of the Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994, as inserted by this Part, applies in relation to leviable disposals that take place on or after the commencement of this item. Agricultural and Veterinary Chemicals (Administration) Act 1992 32 Section 69E Repeal the section. 33 Subsection 69EA(1) (heading) Repeal the heading, substitute: Records relating to compliance with sections 69B and 69C 34 Paragraph 69EA(1)(a) Omit "69B, 69C and 69E", substitute "69B and 69C". 35 Saving provisions (1) Despite the repeal of section 69E of the Agricultural and Veterinary Chemicals (Administration) Act 1992 made by this Part, that section, as in force immediately before the commencement of this item, continues to apply on and after that commencement in respect of the following: (a) the import, manufacture or export of active constituents referred to in paragraph 69E(1)(a) of that Act that occurred in a financial year that ended before the commencement of this item; (b) the import, manufacture or export of chemical products referred to in paragraph 69E(1)(b) of that Act that occurred in a financial year that ended before the commencement of this item. (2) Despite the amendments of section 69EA of the Agricultural and Veterinary Chemicals (Administration) Act 1992 made by this Part, that section, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to the keeping and retaining of records in respect of the matters covered by paragraphs (1)(a) and (b) of this item. Part 5—Computerised decision‑making Agricultural and Veterinary Chemicals Code Act 1994 36 Before section 6 of the Code set out in the Schedule Insert: 5F APVMA may arrange for use of computer programs to make decisions (1) The APVMA may arrange for the use, under the APVMA's control, of computer programs for any purposes for which the APVMA may, or must, under this Code: (a) make a decision of a kind determined in an instrument under subsection (1A); or (b) exercise any power, or comply with any obligation, related to making a decision to which paragraph (a) applies; or (c) do anything else related to making a decision to which paragraph (a) applies or related to exercising a power, or complying with an obligation, to which paragraph (b) applies. (1A) The APVMA may, by legislative instrument, determine kinds of decisions for the purposes of paragraph (1)(a). The APVMA may, in that instrument, also determine conditions of use of a computer program as mentioned in subsection (1). (1B) The APVMA must take all reasonable steps to ensure that decisions made by the operation of a computer program under an arrangement made under subsection (1) are correct. Note: In addition, subsection 1A(2) of this Code sets out how this Code is to be implemented (which covers the making of an arrangement under subsection (1) of this section). (2) For the purposes of this Code, the APVMA is taken to have: (a) made a decision; or (b) exercised a power or complied with an obligation; or (c) done something else related to the making of a decision or the exercise of a power or the compliance with an obligation; that was made, exercised, complied with or done by the operation of a computer program under an arrangement made under subsection (1). Substituted decisions (3) The APVMA may substitute a decision for a decision (the initial decision) the APVMA is taken, under paragraph (2)(a), to have made if the APVMA is satisfied that the initial decision is incorrect. (4) However, the substituted decision may only be made before the end of the period of 60 days beginning on the day the initial decision is made. 37 Paragraph 166(1)(a) of the Code set out in the Schedule Repeal the paragraph, substitute: (a) a decision (the reviewable decision) on a particular matter (the relevant matter): (i) has been made under this Code on behalf of the APVMA by a member of the staff of the APVMA; or (ii) is taken, under paragraph 5F(2)(a), to have been made by the APVMA for the purposes of this Code; and 38 Paragraph 166(1)(b) of the Code set out in the Schedule Omit "original decision", substitute "reviewable decision". 39 Paragraph 166(1A)(a) of the Code set out in the Schedule Repeal the paragraph, substitute: (a) a decision (the reviewable decision) on a particular matter (the relevant matter): (i) has been made under this Code on behalf of the APVMA by a member of the staff of the APVMA; or (ii) is taken, under paragraph 5F(2)(a), to have been made by the APVMA for the purposes of this Code; and 40 Paragraphs 166(1A)(b) and (c) of the Code set out in the Schedule Omit "original decision" (wherever occurring), substitute "reviewable decision". 41 After subsection 166(1A) of the Code set out in the Schedule Insert: (1B) This section also applies if: (a) the APVMA is taken, under paragraph 5F(2)(a), to have made a decision (the initial decision) for the purposes of this Code; and (b) under this section, a person may request the APVMA to reconsider the initial decision; and (c) the APVMA, under subsection 5F(3), substitutes a decision (the reviewable decision) for the initial decision. 42 Subsections 166(2) to (4A) and (5) to (7) of the Code set out in the Schedule Omit "original decision" (wherever occurring), substitute "reviewable decision". 43 After subsection 167(2A) of the Code set out in the Schedule Insert: (2B) If: (a) the APVMA is taken, under paragraph 5F(2)(a), to have made a decision (the initial decision) for the purposes of this Code; and (b) under subsection (1) of this section, an application may be made to the Administrative Appeals Tribunal for review of the initial decision; and (c) the APVMA, under subsection 5F(3), substitutes a decision for the initial decision; an application may be made to the Administrative Appeals Tribunal for review of the substituted decision. 44 Application and saving provisions (1) The amendments of section 166 of the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 made by this Part apply in relation to reviewable decisions made on or after the commencement of this item. (2) Section 166 of the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to original decisions made before that commencement. Part 6—Preliminary assessments Agricultural and Veterinary Chemicals Code Act 1994 45 Subsection 11(2) of the Code set out in the Schedule Omit "from the preliminary assessment", substitute "to the APVMA, after completing a preliminary assessment of the application or after defects in the application have been rectified in response to a notice under subsection (3),". 46 Subsection 11(3) of the Code set out in the Schedule Repeal the subsection, substitute: (3) If it appears to the APVMA, after completing a preliminary assessment of the application, that the application does not meet the application requirements but that the defects in the application can reasonably be rectified, the APVMA must, within 14 days, give written notice to the applicant: (a) stating that the application does not meet the application requirements; and (b) giving particulars of the defects in the application; and (c) requiring the defects to be rectified within 1 month. (3A) The APVMA must refuse the application if: (a) the APVMA is not satisfied that defects in the application can reasonably be rectified; or (b) the defects are not rectified to the satisfaction of the APVMA within the period mentioned in paragraph (3)(c). Note: For notice of refusal, see section 8G. 47 Subsection 28(2) of the Code set out in the Schedule Omit "from the preliminary assessment", substitute "to the APVMA, after completing a preliminary assessment of the application or after defects in the application have been rectified in response to a notice under subsection (3),". 48 Subsection 28(3) of the Code set out in the Schedule Repeal the subsection, substitute: (3) If it appears to the APVMA, after completing a preliminary assessment of the application, that the application does not meet the application requirements but that the defects in the application can reasonably be rectified, the APVMA must, within 14 days, give written notice to the applicant: (a) stating that the application does not meet the application requirements; and (b) giving particulars of the defects in the application; and (c) requiring the defects to be rectified within 1 month. (3A) The APVMA must refuse the application if: (a) the APVMA is not satisfied that defects in the application can reasonably be rectified; or (b) the defects are not rectified to the satisfaction of the APVMA within the period mentioned in paragraph (3)(c). Note: For notice of refusal, see section 8G. 49 Subsection 110A(2) of the Code set out in the Schedule Omit "from the preliminary assessment", substitute "to the APVMA, after completing a preliminary assessment of the application or after defects in the application have been rectified in response to a notice under subsection (3),". 50 Subsection 110A(3) of the Code set out in the Schedule Omit "from the preliminary assessment", substitute "to the APVMA, after completing a preliminary assessment of the application,". 51 Application provision The amendments made by this Part apply in relation to applications lodged under section 10, 27 or 110 of the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 on or after the commencement of this item. Part 7—Variation of relevant particulars and conditions Agricultural and Veterinary Chemicals Code Act 1994 52 At the end of subsection 8S(1) of the Code set out in the Schedule (before the note) Add: ; or (c) varies, under section 29, relevant particulars or conditions in a way other than set out in the application. 53 After paragraph 8S(2)(a) of the Code set out in the Schedule Insert: (b) for notice under paragraph (1)(c)—set out the proposed variation; and 54 Paragraphs 29(1)(b), (c) and (d) of the Code set out in the Schedule Omit "in accordance with the application", substitute "in a particular way (which may not be the same way as set out in the application)". 55 After paragraph 167(1)(c) of the Code set out in the Schedule Insert: (ca) a decision under subsection 29(1) to vary relevant particulars or conditions in a way other than set out in the application for variation; 56 Application provision The amendments made by this Part apply in relation to an application lodged under section 27 of the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 on or after the commencement of this item. Part 8—Variation of approval or registration during suspension Agricultural and Veterinary Chemicals Code Act 1994 57 Section 42 of the Code set out in the Schedule (heading) Repeal the heading, substitute: 42 Suspension or cancellation of approval or registration at request of holder 58 Subparagraph 42(1)(a)(i) of the Code set out in the Schedule After "to", insert "suspend or". 59 Subsection 42(1) of the Code set out in the Schedule Omit "the APVMA must cancel the approval or registration", substitute "the APVMA must suspend or cancel the approval or registration (as the case may be)". 60 Subsection 43(2) of the Code set out in the Schedule Omit "An", substitute "Subject to this section, an". 61 At the end of section 43 of the Code set out in the Schedule Add: (4) A suspension of an approval or registration does not prevent: (a) the lodging of a notice under section 26AB of one or more notifiable variations of the relevant particulars of the approval or registration or the dealing with the notice; or (b) an application being made under section 26B for one or more prescribed variations of the relevant particulars of the approval or registration or the dealing with the application; or (c) an application being made under subsection 27(1) for variation of the relevant particulars or conditions of the approval or registration or the dealing with the application; or (d) a variation under section 29A of the relevant particulars or conditions of the approval or registration. (5) A notice referred to in paragraph (4)(a), an application referred to in paragraph (4)(b) or (c) or a variation referred to in paragraph (4)(d) must be in relation to the reasons for the suspension of the approval or registration. 62 Subsection 45A(2) of the Code set out in the Schedule Omit "subsection (1)", substitute "paragraph (1)(a)". 63 Paragraph 45A(2)(b) of the Code set out in the Schedule Omit "in respect of a suspension or cancellation of the approval of an active constituent for a proposed or existing chemical product or the registration of a chemical product—". 64 Subsection 45A(4) of the Code set out in the Schedule After "notice of the", insert "suspension or". 65 Subsection 45A(4) of the Code set out in the Schedule After "requested the", insert "suspension or". 66 Application provisions (1) The amendments of section 42 of the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 made by this Part apply in relation to requests made on or after the commencement of this item. (2) The amendments of section 43 of the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 made by this Part apply in relation to: (a) a suspension made on or after the commencement of this item; and (b) a suspension made before the commencement of this item that was in effect immediately before that commencement. (3) The amendments of section 45A of the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 made by this Part apply in relation to a suspension or cancellation made on or after the commencement of this item. Part 9—False and misleading information Agricultural and Veterinary Chemicals (Administration) Act 1992 67 Before subsection 69ER(1) Insert: Offences 68 At the end of section 69ER Add: Civil penalties (3) A person must not, for the purposes of, or in connection with, the making of a decision by the APVMA as to whether it should give a consent under section 69B: (a) give information (whether orally or in writing) that the person knows to be false or misleading in a material particular; or (b) produce a document that the person knows to be false or misleading in a material particular without: (i) indicating to the person to whom the document is produced that it is false or misleading and the respect in which it is false or misleading; and (ii) providing correct information to that person if the person producing the document is in possession of, or can reasonably acquire, the correct information. (4) A person must not, in compliance or purported compliance with a requirement made by an inspector under Part 7A, Part 7AA or this Part or for the purposes of, or in connection with, any provision of Part 7A (other than section 69B), Part 7AA or this Part: (a) give information (whether orally or in writing) that the person knows to be false or misleading in a material particular; or (b) produce a document that the person knows to be false or misleading in a material particular without: (i) indicating to the person to whom the document is produced that it is false or misleading and the respect in which it is false or misleading; and (ii) providing correct information to that person if the person producing the document is in possession of, or can reasonably acquire, the correct information. (5) Subsections (3) and (4) are civil penalty provisions. Note: Division 1 provides for pecuniary penalties for contraventions of civil penalty provisions. Agricultural and Veterinary Chemicals Code Act 1994 69 Before subsection 146(1) of the Code set out in the Schedule Insert: Offences 70 At the end of section 146 of the Code set out in the Schedule Add: Civil penalties (3) A person must not, for the purposes of, or in connection with, the consideration by the APVMA, in the course of the performance of any of its functions or the exercise of any of its powers under this Code, of any matters referred to in section 5A, 5B, 5C or 5D or subsection 123(1): (a) give information (whether orally or in writing) that the person knows to be false or misleading in a material particular; or (b) produce a document that the person knows to be false or misleading in a material particular without: (i) indicating to the person to whom the document is produced that it is false or misleading and the respect in which it is false or misleading; and (ii) providing correct information to that person if the person producing the document is in possession of, or can reasonably acquire, the correct information. (4) A person must not, for the purposes of, or in connection with, the consideration by the APVMA, in the course of the performance of any of its functions or the exercise of any of its powers under this Code, of any matters other than matters referred to in subsection (3): (a) give information (whether orally or in writing) that the person knows to be false or misleading in a material particular; or (b) produce a document that the person knows to be false or misleading in a material particular without: (i) indicating to the person to whom the document is produced that it is false or misleading and the respect in which it is false or misleading; and (ii) providing correct information to that person if the person producing the document is in possession of, or can reasonably acquire, the correct information. (5) Subsections (3) and (4) are civil penalty provisions. Note: Division 2 provides for pecuniary penalties for contraventions of civil penalty provisions. 71 Application provision The amendments made by this Part apply in relation to information given, or a document produced, on or after the commencement of this item. Part 10—Suspension or cancellation of approval or registration for provision of false or misleading information Agricultural and Veterinary Chemicals Code Act 1994 72 Paragraph 34N(4)(d) of the Code set out in the Schedule Omit "the holder", substitute "a person". 73 Section 38A of the Code set out in the Schedule Repeal the section, substitute: 38A Suspension or cancellation of approval or registration for provision of false or misleading information The APVMA may suspend or cancel an approval or registration if: (a) a person has given information: (i) in, or in connection with, the application for the approval or registration; or (ii) in connection with a variation of the approval or registration; or (iii) in response to a notice under subsection 32(1) or section 33 or 159; or (iv) as required by section 160A or 161; and (b) the information was false or misleading in a material particular. 74 Application provision Section 38A of the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994, as substituted by this Part, applies in relation to information given on or after the commencement of this item. Part 11—Voluntary recalls Agricultural and Veterinary Chemicals Code Act 1994 75 Section 100 of the Code set out in the Schedule Before "This Part", insert "(1)". 76 At the end of section 100 of the Code set out in the Schedule Add: (2) This Part also provides for voluntary recalls of chemical products (see section 106). 77 Section 106 of the Code set out in the Schedule Repeal the section, substitute: 106 Notification to APVMA of voluntary recalls (1) This section applies if a person voluntarily takes action to recall a chemical product because it appears to the person that: (a) either or both of the following apply: (i) the chemical product may not meet the safety criteria, the trade criteria or the efficacy criteria; (ii) a label for containers for the chemical product may not meet the labelling criteria; or (b) the chemical product is not a registered chemical product. (2) The person must, within 2 days after taking the action, give the APVMA a notice that: (a) is in writing in the approved form; and (b) contains the information required by the approved form. (3) Subsection (2) does not apply in the circumstances prescribed by the regulations for the purposes of this subsection. Offence (4) A person commits an offence of strict liability if: (a) the person is required by subsection (2) to give a notice to the APVMA; and (b) the person refuses or fails to give the notice as required by that subsection. Penalty: 60 penalty units. Civil penalty (5) Subsection (2) is a civil penalty provision. Note: Division 2 of Part 9A provides for pecuniary penalties for contraventions of civil penalty provisions. APVMA to publish notice of recall (6) If a notice is given to the APVMA under subsection (2), the APVMA: (a) must, within 3 working days, publish a copy of the notice on its website; and (b) must, within 14 days, publish a copy of the notice in the Gazette. The APVMA may also make available a copy of the notice in any other manner that it thinks appropriate. (7) Subsection (6) does not apply in the circumstances prescribed by the regulations for the purposes of this subsection. No limit on the Competition and Consumer Act 2010 (8) This section does not limit section 128 of Schedule 2 to the Competition and Consumer Act 2010 (about voluntary recall of consumer goods). 78 Application provision Section 106 of the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994, as substituted by this Part, applies in relation to action taken on or after the commencement of this item. Part 12—Notification of new information Agricultural and Veterinary Chemicals Code Act 1994 79 Subparagraph 160A(1)(a)(v) of the Code set out in the Schedule Omit "and", substitute "or". 80 At the end of paragraph 160A(1)(a) of the Code set out in the Schedule Add: (vi) approval of a label for containers for a chemical product; or (vii) variation of the relevant particulars or conditions of the approval of an active constituent, of the registration of a chemical product or of the approval of a label for containers for a chemical product; and 81 Paragraph 160A(1)(c) of the Code set out in the Schedule Omit "or in relation to the product or any of its constituents", substitute "in relation to the product or any of its constituents or in relation to the label". 82 Subparagraph 160A(4)(a)(ii) of the Code set out in the Schedule After "or 20(1)(c)", insert "or relates to the matters covered by subparagraph 21(c)(iv) or (iva)". 83 At the end of paragraph 160A(4)(b) of the Code set out in the Schedule Add "or that the label may not meet the labelling criteria". 84 After paragraph 161(1)(b) of the Code set out in the Schedule Insert: or (c) the holder of the approval of a label for containers for a chemical product; 85 Subsection 161(1) of the Code set out in the Schedule Omit "or in relation to the product or of any of its constituents", substitute ", in relation to the product or of any of its constituents or in relation to the label". 86 Subsection 161(2) of the Code set out in the Schedule Omit "relevant information", substitute "relevant information". 87 Paragraph 161(2)(a) of the Code set out in the Schedule After "product", insert "or in the relevant APVMA file for the label". 88 At the end of paragraph 161(2)(b) of the Code set out in the Schedule Add "or that the label may not meet the labelling criteria". 89 Application provisions (1) The amendments of section 160A of the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 made by this Part apply in relation to applications lodged on or after the commencement of this item. (2) The amendments of section 161 of the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 made by this Part apply in relation to information a holder becomes aware of on or after the commencement of this item (whether the approval of the label was given before, on or after that commencement). Part 13—Annual operational plans Agricultural and Veterinary Chemicals (Administration) Act 1992 90 Part 6 (heading) Repeal the heading, substitute: Part 6—Corporate plan 91 Sections 55, 56 and 57 Repeal the sections. 92 Paragraph 61(a) Repeal the paragraph. 93 Paragraph 61(b) Repeal the paragraph, substitute: (b) an evaluation of the APVMA's overall performance during that period against the performance indicators (if any) prescribed by the regulations for the purposes of this paragraph; and 94 Paragraph 61(d) Repeal the paragraph. 95 Application and transitional provisions (1) The amendments made by this Part apply in relation to the calendar year beginning on the day this item commences and each later calendar year. (2) Despite the amendments made by this Part, sections 55 to 57 of the Agricultural and Veterinary Chemicals (Administration) Act 1992, as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to an annual operational plan relating to the period of 12 months beginning on 1 July of the financial year in which this item commences. (3) Despite the amendments made by this Part, section 61 of the Agricultural and Veterinary Chemicals (Administration) Act 1992, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to the period of 12 months beginning on 1 July of the financial year in which this item commences. (4) Regulations in force for the purposes of subparagraph 61(b)(ii) of the Agricultural and Veterinary Chemicals (Administration) Act 1992 immediately before the commencement of this item continue in force, on and after that commencement, for the purposes of paragraph 61(b) of that Act. Part 14—Definition of registered chemical product Agricultural and Veterinary Chemicals Code Act 1994 96 Section 3 of the Code set out in the Schedule (definition of registered chemical product) Repeal the definition, substitute: registered chemical product has the meaning given by section 5AA. 97 After section 5 of the Code set out in the Schedule Insert: 5AA Definition of registered chemical product (1) A registered chemical product is a chemical product: (a) that is registered; and (b) that complies with the relevant particulars entered in the Register for the product. Constituents of the chemical product (2) If: (a) a chemical product is registered; and (b) under regulations made for the purposes of paragraph 20(1)(c), a relevant particular (the subject particular) required to be entered in the Register in relation to the chemical product is the constituents of the chemical product; and (c) there are regulations in force for the purposes of paragraph 83(1)(a) in relation to the chemical product; and (d) the constituents of the chemical product do not differ by more than the extent prescribed for the purposes of paragraph 83(1)(a); then, for the purposes of paragraph (1)(b) of this section, the chemical product is taken to comply with the subject particular. Concentration of constituents of the chemical product (3) If: (a) a chemical product is registered; and (b) under regulations made for the purposes of paragraph 20(1)(c), a relevant particular (the subject particular) required to be entered in the Register in relation to the chemical product is the concentration of one or more constituents of the chemical product; and (c) there are regulations in force for the purposes of paragraph 83(1)(b) in relation to the chemical product; and (d) the concentration of the constituents of the chemical product does not differ by more than the extent prescribed for the purposes of paragraph 83(1)(b); then, for the purposes of paragraph (1)(b) of this section, the chemical product is taken to comply with the subject particular. Composition of constituents of the chemical product (4) If: (a) a chemical product is registered; and (b) under regulations made for the purposes of paragraph 20(1)(c), a relevant particular (the subject particular) required to be entered in the Register in relation to the chemical product is the composition of a constituent of the chemical product; and (c) there are regulations in force for the purposes of paragraph 83(1)(c) in relation to the composition of that constituent of the chemical product; and (d) the composition of that constituent of the chemical product does not differ by more than the extent prescribed for the purposes of paragraph 83(1)(c); then, for the purposes of paragraph (1)(b) of this section, the chemical product is taken to comply with the subject particular. Purity of constituents of the chemical product (5) If: (a) a chemical product is registered; and (b) under regulations made for the purposes of paragraph 20(1)(c), a relevant particular (the subject particular) required to be entered in the Register in relation to the chemical product is the purity of a constituent of the chemical product; and (c) there are regulations in force for the purposes of paragraph 83(1)(c) in relation to the purity of that constituent of the chemical product; and (d) the purity of that constituent of the chemical product does not differ by more than the extent prescribed for the purposes of paragraph 83(1)(c); then, for the purposes of paragraph (1)(b) of this section, the chemical product is taken to comply with the subject particular. Part 15—Supply of registered chemical products with unapproved label Agricultural and Veterinary Chemicals Code Act 1994 98 Subparagraph 81(1)(a)(i) of the Code set out in the Schedule Omit "relevant particulars", substitute "minimum information (see subsection (5))". 99 Subparagraph 81(1)(a)(ii) of the Code set out in the Schedule Omit "the relevant particulars", substitute "the minimum information". 100 Paragraph 81(2)(a) of the Code set out in the Schedule Omit "relevant particulars", substitute "minimum information (see subsection (5))". 101 Paragraph 81(2)(b) of the Code set out in the Schedule Omit "the relevant particulars", substitute "the minimum information". 102 Paragraphs 81(3)(a), (b) and (c) of the Code set out in the Schedule Repeal the paragraphs, substitute: (a) the label attached to the container states the minimum information (the earlier information) that was required to be stated on a label for containers for the product at a time before the supply takes place; and (b) the earlier information is different from the minimum information that is required to be stated on a label for containers for the product at the time the supply takes place; and (c) the APVMA has determined that this subsection applies in respect of the earlier information; and (d) the supply takes place not later than 2 years (or such shorter or longer period as the APVMA allows) after the earlier information ceased to be the minimum information that was required be stated on a label for containers for the product. 103 At the end of section 81 of the Code set out in the Schedule Add: (5) For the purposes of this section, the minimum information is the information covered by subparagraphs 21(c)(iii) and (iv) (including that information as varied under Part 2). 104 Application provision The amendments of section 81 of the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 made by this Part apply in relation to supplies occurring on or after the commencement of this item. Part 16—Safety, efficacy, trade and labelling criteria Agricultural and Veterinary Chemicals Code Act 1994 105 At the end of subsection 5D(2) of the Code set out in the Schedule Add: ; (d) any matters prescribed by the regulations. 106 After section 5D of the Code set out in the Schedule Insert: 5E Overseas trials and experiments Without limiting subparagraph 5A(2)(a)(vii) or (3)(a)(vii) or paragraph 5B(2)(d), 5C(2)(c) or 5D(2)(d) and despite section 160, the matters prescribed by regulations made for the purposes of that subparagraph or paragraph may relate to matters covered by paragraph 160(2)(a), (b) or (c). 107 Application provision The amendment of section 5D of the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 made by this Part applies in relation to deciding, on or after the commencement of this item, whether a label for containers for a chemical product meets the labelling criteria. Part 17—Maximum Residue Limits Standard Agricultural and Veterinary Chemicals (Administration) Act 1992 108 Section 7A (heading) Omit "Annual publication", substitute "Approval". 109 Subsection 7A(1) Repeal the subsection, substitute: (1) The APVMA must, by legislative instrument, approve standards for residues of chemical products in protected commodities. Agricultural and Veterinary Chemicals Code Act 1994 110 Subparagraph 8E(2)(b)(i) of the Code set out in the Schedule Repeal the subparagraph, substitute: (i) the names, or proposed names, of the active constituents concerned; and 111 Paragraph 8E(2)(c) of the Code set out in the Schedule Repeal the paragraph, substitute: (c) be given to Food Standards Australia New Zealand before the approval, registration, variation or permit is given, made or issued. 112 Application provision The amendments of section 8E of the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 made by this Part apply in relation to notices given on or after the commencement of this item. Part 18—Expiry date Agricultural and Veterinary Chemicals Code Act 1994 113 Section 3 of the Code set out in the Schedule (definition of expiry date) Omit "should", substitute "must". 114 Application provision The amendment made by this Part applies in relation to a supply referred to in subsection 85(1) or 91(1) or (2) of the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 that occurs on or after the commencement of this item. Part 19—Other amendments Agricultural and Veterinary Chemicals (Administration) Act 1992 115 Paragraph 7(1A)(a) Omit "sale", substitute "supply". 116 Paragraphs 8A(2)(a) and (b) Omit "whether to grant". 117 Subsection 58(7) Repeal the subsection. 118 Subsection 69D(1) After "fee (if any)", insert "to the Commonwealth". 119 After subsection 69D(1A) Insert: (1AA) The APVMA may, on its own initiative, reconsider a decision of the APVMA to refuse to give a certificate under subsection (1). (1AB) If the APVMA reconsiders the decision, it must: (a) confirm the decision; or (b) set aside the decision and give the certificate. (1AC) The APVMA must give notice of a thing done under subsection (1AB) to the person who applied for the certificate. 120 Part 7B Repeal the Part. 121 Subsection 72(5) Repeal the subsection, substitute: (5) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after the Minister receives the report. 122 Sections 78, 79 and 80 Repeal the sections. 123 Application and saving provisions (1) Subsections 69D(1AA) to (1AC) of the Agricultural and Veterinary Chemicals (Administration) Act 1992, as inserted by this Part, apply in relation to decisions made on or after the commencement of this item. (2) Despite the repeal of Part 7B of the Agricultural and Veterinary Chemicals (Administration) Act 1992 made by this Part, section 69EZ of that Act, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an approval referred to in that section that was given before that commencement.