Agricultural and Veterinary Chemicals Code Regulations 1995

For section 164 of the Code, this regulation provides for the fees payable in respect of applications under the Code or these Regulations.

Regulations 70A, 70B, 71A, 72 and 72A make further provision regarding fees payable in respect of applications under the Code.

The fee (the application fee) payable for an application of a kind described in column 1 of an item of the table in clause 2.1 of Schedule 6 is as follows:

if the application is a timeshift application—the fee in column 5 of item 27 of the table; and

otherwise—the fee in column 5 of the applicable item.

Without limiting paragraph (2)(b), a fee in column 5 of an item of the table may be expressed as an amount specified in, or worked out in accordance with, a legislative instrument made by the APVMA.

If any pre‑application assistance fee is paid in relation to an application, the application fee for the application is reduced by the amount of pre‑application assistance fee paid (excluding GST).

However, the maximum amount by which the application fee may be reduced under subregulation (3), for an application of a kind mentioned in Column 1 of an item of the table in clause 2.1 of Schedule 6, is the amount mentioned in column 4 for the item.

Without limiting subregulation (4), an amount in column 4 of an item of the table may be expressed as an amount (if any) specified in, or worked out in accordance with, a legislative instrument made by the APVMA.

Subject to subregulation (4), the reduction in application fee provided by subregulation (3) in relation to an application lodged by an applicant may be applied in respect of any application lodged by the applicant.

A reference in column 5 of an item of the table in clause 2.1 of Schedule 6 to a modular assessment fee is a reference to the modular assessment fee in respect of the application to which that item refers, worked out in accordance with regulation 70A.

The minimum amount of the application fee that is required to be paid at the time of making an application is as follows:

if the application fee for the application is less than $710—the total amount of the application fee;

in any other case—$710.

Subparagraph 8A(a)(iii) of the Code states that an application must be accompanied by so much of the prescribed fee as is required to be paid when the application is made.

The balance, if any, of the application fee is payable within 28 days of the date of the notice given to the applicant in relation to the application under subsection 11(2), 28(2) or 110A(2) of the Code, or subregulation 8AP(1) or 8AQ(2) of these Regulations.

No fee is payable in respect of an application for a permit:

if:

the applicant is:

the Commonwealth, a State or Territory; or

an authority or agency of the Commonwealth, a State or a Territory; or

an officer or employee of the Commonwealth, a State or a Territory, or of an authority or agency of the Commonwealth, a State or a Territory; and

the permit is in support of the Commonwealth’s, State’s or Territory’s core activities; and

the permit is for a use that does not have a commercial benefit; or

in respect of an emergency use of a chemical product.