119Cancellation of permit—general grounds

#### 119 Cancellation of permit—general grounds (1) The APVMA, by written notice given to the holder of a permit, may cancel the permit if it appears to the APVMA: (a) for an active constituent—that the constituent may not meet the safety criteria; or (b) for a chemical product—that the product may not meet the safety criteria, the trade criteria or the efficacy criteria; or (c) that the use of the active constituent or chemical product in accordance with the permit is inappropriate for any other reason. (2) If a permit is suspended under subsection 118(2) and the information, report or sample referred to in section 159 or 161 is not given within a reasonable period after the suspension takes place, the APVMA may cancel the permit. (3) The APVMA may, for any reason that it thinks sufficient, cancel a permit that is taken by section 181 to have been issued under section 114. (4) The APVMA may, by written notice given to the holder of a permit, cancel the permit if the APVMA is satisfied that: (a) the holder has contravened a condition of the permit; or (b) at least one of the following persons: (i) the holder; (ii) any other person who makes, or participates in making, decisions that affect the whole, or a substantial part, of the holder’s affairs; (iii) if the holder is a body corporate—a major interest holder of the body corporate; has, within the 10 years immediately before the notice is given: (iv) been convicted of an offence against an agvet law of this or another jurisdiction; 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. (4A) A reference in paragraph (4)(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) A permit may be cancelled even though it is suspended. (6) If information about the holder of a permit comes to the APVMA’s knowledge and it is of the opinion that, if it had been in possession of the information before it issued the permit, it would have refused to issue the permit, it may, by written notice given to the holder, cancel the permit. (7) A notice of cancellation of a permit must include the reasons for the cancellation. (9) If a permit is cancelled, the APVMA may, by written notice to the person who held the permit, revoke the cancellation. (10) If the cancellation of a permit is revoked, the cancellation is taken never to have occurred. (11) If: (a) a permit is cancelled or the cancellation of a permit is revoked; and (b) there is a co‑ordinator designated for this or another jurisdiction; the APVMA must, within 14 days, tell the co‑ordinator of the cancellation or revocation.