112AAPVMA may issue permit on its own initiative

#### 112A APVMA may issue permit on its own initiative (1) The APVMA may, on its own initiative and in accordance with this section, issue a permit to a person in respect of an active constituent for a proposed or existing chemical product or in respect of a chemical product. (2) The APVMA may issue the permit if it is satisfied of the following: (a) that the active constituent or chemical product in respect of which the permit is to be issued meets the safety criteria, the trade criteria and the efficacy criteria; (b) that any requirements prescribed by the regulations in relation to the issue of a permit under this section have been complied with; (c) if an application has not been made for approval of the constituent or registration of the product or such an application has not been determined—that there are reasonable grounds for the application not having been made or for issuing the permit pending determination of the application, as the case may be; (d) if the permit would authorise a person to do, or omit to do, any thing which would, apart from the permit, be an offence against subsection 121(4A) or (5A) or a contravention of the civil penalty provision set out in subsection 121(4) or (5)—that there are exceptional circumstances that justify issuing the permit. > Note: For how permits are issued, see section 114. (3) However, the APVMA must not issue the permit to a person (the proposed permit holder) if it is satisfied that: (a) the proposed permit holder will be unable to comply with the conditions of the permit; or (b) at least one of the following persons: (i) the proposed permit holder; (ii) any other person who makes, or participates in making, decisions that affect the whole, or a substantial part, of the proposed permit holder’s affairs; (iii) if the proposed permit holder is a body corporate—a major interest holder of the body corporate; has, within the previous 10 years: (iv) been convicted of an offence against an agvet law; or (v) been convicted of an offence against a law of this or another jurisdiction relating to chemical products; or (vi) been convicted of an offence against a law of the Commonwealth or a law of a State or Territory involving fraud or dishonesty; or (vii) been ordered to pay a pecuniary penalty for the contravention of an agvet penalty provision; or (viii) been ordered to pay a pecuniary penalty for the contravention of another law of this or another jurisdiction relating to chemical products; or (ix) been ordered to pay a pecuniary penalty for the contravention of a civil penalty provision of a law of the Commonwealth or a law of a State or Territory involving fraud or dishonesty; or (x) held a permit that was cancelled under subsection 119(2) or section 119B of this Code or under a corresponding provision of the Agvet Code of another jurisdiction; or (xi) been a manager, or a major interest holder, of a body corporate in respect of which subparagraph (iv), (v), (vi), (vii), (viii), (ix) or (x) applies, if the conduct resulting in that subparagraph applying occurred when the person was a manager or major interest holder of the body corporate. (4) A reference in paragraph (3)(b) to a person convicted of an offence includes a reference to a person in respect of whom an order has been made relating to the offence under: (a) section 19B of the Crimes Act 1914; or (b) a corresponding provision of a law of a State or Territory. > Note: Section 19B of the Crimes Act 1914 empowers a court that has found a person to have committed an offence to take action without proceeding to record a conviction. (5) However, the APVMA may issue the permit despite subsection (3) if, in the opinion of the APVMA, special circumstances make it appropriate to do so. (6) If the active constituent or chemical product in respect of which the permit is to be issued is approved or registered, the APVMA: (a) must, before issuing the permit, give written notice of its intention to do so to the holder of the approval or registration; and (b) must not issue the permit before the end of 28 days after the day on which the notice is given. (7) However, subsection (6) does not apply to the extent that, in the opinion of the APVMA, special circumstances make it appropriate to: (a) issue the permit without giving written notice to the holder of the approval or registration; or (b) issue the permit before the end of the 28 days.