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COMMONWEALTHAct
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s 34M

Limitation periods

In force
ScheduleAgricultural and Veterinary Chemicals Code
Part 2Approvals and registration
Division 4ALimits on use of information
Subdivision CExceptions

34M Limitation periods

(1)

Subject to section 34MA, the table below sets out limitation periods for certain information given in connection with an application made under section 10 or 27:

Limitation periods for certain information given in connection with an application made under section 10 or 27

The limitation period for:

ends:

after:

1

information:

(a) given in connection with an application under section 10 for approval of an active constituent (for a proposed or existing chemical product) that was not a previously endorsed active constituent on the commencement of this Division; and

(b) relied on to approve the active constituent

10 years

the constituent is approved.

2

information:

(a) given in connection with an application made under section 10 for:

(i) registration of a chemical product at least one of whose active constituents was not a previously endorsed active constituent when the application passed preliminary assessment; or

(ii) approval of a label for a container for a chemical product at least one of whose active constituents was not a previously endorsed active constituent when the application passed preliminary assessment; and

(b) relied on to register the product or approve the label

10 years

the product or label, as required, is registered or approved.

3

information:

(a) given in connection with an application (except one covered by item 2) made under section 10 for:

(i) registration of an agricultural chemical product; or

(ii) approval of a label for a container for an agricultural chemical product; and

(b) relied on to register the product or approve the label

5 years

the product or label, as required, is registered or approved.

4

information:

(a) given in connection with an application (except one covered by item 2) made under section 10 for:

(i) registration of a veterinary chemical product; or

(ii) approval of a label for a container for a veterinary chemical product; and

(b) relied on to register the product or approve the label

3 years

the product or label, as required, is registered or approved.

5

information:

(a) given in connection with an application made under section 27 for variation of the relevant particulars or conditions of:

(i) the registration of an agricultural chemical product; or

(ii) the approval of a label for a container for an agricultural chemical product; and

(b) relied on to vary the relevant particulars or conditions

5 years

the relevant particulars or conditions are varied.

6

information:

(a) given in connection with an application made under section 27 for variation of the relevant particulars or conditions of:

(i) the registration of a veterinary chemical product; or

(ii) the approval of a label for a container for a veterinary chemical product; and

(b) relied on to vary the relevant particulars or conditions

3 years

the relevant particulars or conditions are varied.

Note:

Section 34MA deals with extensions of the limitation period.

(2)

The table below sets out limitation periods for information given under section 161:

Limitation periods for information given under section 161

The limitation period for:

ends:

after:

1

information given under section 161 in connection with an agricultural chemical product

5 years

the information is given.

2

information given under section 161 in connection with a veterinary chemical product

3 years

the information is given.

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