Agricultural and Veterinary Chemicals Code Act 1994

A chemical product meets the trade criteria if use of the product, in accordance with instructions approved, or to be approved, by the APVMA or contained in an established standard, does not, or would not, unduly prejudice trade or commerce between Australia and places outside Australia.

For the purposes of being satisfied as to whether a chemical product meets the trade criteria, the APVMA must have regard to the following:

any conditions to which its registration is, or would be, subject;

any relevant particulars that are, or would be, entered in the Register for the product;

whether the product conforms, or would conform, to any standard made for the product under section 6E to the extent that the standard relates to matters covered by subsection (1);

any matters prescribed by the regulations.

For the purposes of the operation of this Code in relation to a particular chemical product, the APVMA is required to have regard to the matters set out in subsections (1) and (2) only:

to the extent prescribed by the regulations; or

if there are no such regulations—to the extent that the APVMA thinks the matters are relevant.