32Notice of reconsideration

#### 32 Notice of reconsideration (1) The APVMA must give written notice to the holder of the approval or registration: (a) setting out the matters it proposes to deal with in the reconsideration and its reasons for so proposing; and (b) requiring the holder, within a period stated in the notice that ends not earlier than 28 days after the day the notice is given, to give to the APVMA either or both of the following: (i) any information of a kind stated in the notice of which the holder is aware and which is relevant to the reconsideration; (ii) any information of which the holder is aware that is relevant to the reconsideration; and (c) inviting the holder, within that period, to make a written submission to the APVMA about the matters referred to in paragraph (a); and (d) setting out the work plan. (1A) The APVMA may, by written notice given to the holder, extend the period stated in the notice. (2) The APVMA may, if it thinks it desirable to do so, inform any person, in any manner that it thinks appropriate, that the APVMA proposes to reconsider, or is reconsidering, the approval or registration. (2A) If the APVMA informs a person as mentioned in subsection (2), it must: (a) inform the person of: (i) the matters that it proposes to reconsider, or is reconsidering; and (ii) the work plan; and (b) invite any person to make, within a specified period which must not end earlier than 28 days after the invitation is given, a written submission to the APVMA about the matters it proposes to reconsider, or is reconsidering. (2B) Nothing in subsections (1), (2) or (2A): (a) requires the APVMA to deal with a particular matter as part of the reconsideration; or (b) prevents the APVMA from dealing with a particular matter as part of the reconsideration. (3) The holder must comply with a requirement made of the holder under paragraph (1)(b). > Note: A person does not commit an offence by failing to do something the person is not capable of doing. See subsections 4.2(1) and (4) of the Criminal Code. (4) Subsection (3) does not apply if, before the end of the period stated in the notice, the holder requests the APVMA under section 42 to cancel the approval of the constituent, the registration of the product or the approval of the label, as the case may be, and the APVMA complies with the request. (5) The holder commits an offence of strict liability if the holder contravenes subsection (3). Penalty: 120 penalty units. > Note 1: For strict liability, see section 6.1 of the Criminal Code. > Note 2: A defendant bears an evidential burden in relation to the matter in subsection (4). See subsection 13.3(3) of the Criminal Code. (6) Subsection (3) is a civil penalty provision. > Note 1: Division 2 of Part 9A provides for pecuniary penalties for contraventions of civil penalty provisions. > Note 2: For the evidential burden in civil penalty proceedings in relation to the matter in subsection (4), see section 145CD.