167Review of decisions by Administrative Review Tribunal

#### 167 Review of decisions by Administrative Review Tribunal (1) An application may be made to the Administrative Review Tribunal for review of the following decisions of the APVMA: (a) a decision under subsection 14(1), 14C(7), 14D(7) or 14E(8) to approve or register a constituent, product or label: (i) with an instruction or relevant particular other than an instruction or particular set out in the application for the approval or registration; or (ii) subject to particular conditions; (b) a decision under subsection 14(2), 14C(8), 14D(8) or 14E(9) to refuse an application for approval or registration, other than a decision based only on requirements set out in paragraph 8A(a) or (b); (c) a decision under paragraph 26C(1)(b) to refuse an application to vary relevant particulars, other than a decision based only on requirements set out in paragraph 8A(a) or (b); (ca) a decision under subsection 29(1) to vary relevant particulars or conditions in a way other than set out in the application for variation; (d) a decision under subsection 29(2) to refuse an application to vary relevant particulars or conditions, other than a decision based only on requirements set out in paragraph 8A(a) or (b); (e) a decision under subsection 34A(1) or 34AF(3) to vary relevant particulars or conditions; (ea) a decision (the information decision) under subsection 34J(3) that the APVMA is satisfied that it is in the public interest to use information that section 34G would otherwise prohibit the APVMA from using for making a decision (the substantive decision); (f) a decision under section 34AA or Division 5 of Part 2 to suspend or cancel the approval of an active constituent for a proposed or existing chemical product, the registration of a chemical product or the approval of a label for containers for a chemical product; (g) a decision under subsection 48(3) refusing to accept a late application; (h) a decision to use protected information under paragraph 59(2)(d); (ia) a decision under subsection 81(3) shortening, or extending or refusing to extend, a period; (j) a decision under section 99 to issue a notice; (k) a decision to issue a recall notice; (l) a decision under Part 7 to refuse an application for a permit, other than a decision based only on requirements set out in paragraph 8A(a) or (b) or a requirement made by the APVMA under subparagraph 111(1)(b)(iii); (m) a decision under Part 7 to issue a permit subject to particular conditions or for a particular period only; (n) a decision under Part 7 to refuse to extend a permit other than a decision based only on requirements set out in paragraph 8A(a) or (b); (o) a decision under section 118, 119, 119A or 119B to suspend or cancel a permit; (q) a decision under Part 8 to refuse an application for a licence other than a decision based only on requirements set out in subsection 122(1); (r) a decision under Part 8 to issue a licence subject to particular conditions referred to in subsection 126(1); (s) a decision under subsection 126(2) to impose a new condition on a licence or varying an existing condition; (t) a decision under section 127 to suspend or cancel a licence; (v) a decision to disclose information to an authority or organisation under paragraph 162(3)(d) without the consent of the applicant or holder concerned; (w) a decision to disclose information under section 163; (x) a decision under subsection 164(8) to refuse to waive or remit the whole or a part of a fee; (y) a decision under this Code prescribed by the regulations. (2A) Despite paragraph (1)(ea), an application may not be made to the Administrative Review Tribunal for review of the information decision if the APVMA stated in the notice of that decision given under section 34K that the APVMA believed it was necessary to make the substantive decision before the end of 28 days after giving the notice, to prevent imminent risk to persons of death, serious injury or serious illness. (2B) If: (a) the APVMA is taken, under paragraph 5F(2)(a), to have made a decision (the initial decision) for the purposes of this Code; and (b) under subsection (1) of this section, an application may be made to the Administrative Review Tribunal for review of the initial decision; and (c) the APVMA, under subsection 5F(3), substitutes a decision for the initial decision; an application may be made to the Administrative Review Tribunal for review of the substituted decision. (3) This section has effect subject to the Administrative Review Tribunal 2024. (4) In this section: > decision has the same meaning as in the Administrative Review Tribunal 2024.