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Agricultural and Veterinary Chemicals Code Act 1994
174Existing registration of chemical product
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#### 174 Existing registration of chemical product
(1) If, immediately before the commencement of the Agvet Code of this jurisdiction, a chemical product was registered by the previous registering authority of this jurisdiction and a label in relation to, or in relation to containers for, that product was also registered or approved by that authority, the following paragraphs apply:
(a) the product is taken to have been registered by the APVMA under section 20 of that Code upon that commencement subject to the conditions (if any) to which its registration by that previous registering authority was subject;
(b) the person who applied for the registration of the product by the previous registering authority or, if that registration was renewed, the person who applied for the renewal or the last renewal, as the case may be, is taken to be the person who applied for the registration of the product under that Code;
(c) the label is taken to have been approved in relation to the product by the APVMA under section 21 of that Code upon that commencement:
(i) for the containers for which it was registered or approved by that previous registering authority or, if it was not registered or approved for containers, for all containers for the product; and
(ii) subject to the conditions (if any) to which its registration or approval by that previous registering authority was subject.
(2) If:
(a) immediately before the commencement of the Agvet Code of this jurisdiction, the supply of a chemical product that was not registered by the previous registering authority of this jurisdiction was permitted in this jurisdiction, either unconditionally or subject to conditions, because the product was registered by the previous registering authority of another jurisdiction; and
(b) a label for containers for the product becomes approved under that Code;
the following paragraphs apply:
(c) if the supply of the product was permitted unconditionally—the product is taken to be registered by the APVMA under section 20 of that Code when the label becomes approved;
(d) if its supply was permitted subject to conditions—the product is taken to be so registered subject to those conditions;
(e) the person who applied for the registration of the product by the previous registering authority of the other jurisdiction or, if that registration was renewed, the person who applied for the renewal or the last renewal, as the case may be, is taken to be the person who applied for the registration of the product under that Code.
(3) If, immediately before the commencement of the Agvet Code of this jurisdiction:
(a) a chemical product was registered by the previous registering authority of this jurisdiction; but
(b) it was unlawful under the law of this jurisdiction to supply the product;
the product is taken for the purposes of this section not to have been so registered immediately before that commencement.