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.