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Agricultural and Veterinary Chemicals Code Act 1994
34AVarying relevant particulars or conditions to allow affirmation
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#### 34A Varying relevant particulars or conditions to allow affirmation
(1) If the APVMA:
(a) is not satisfied as mentioned in subsection 34(1); but
(b) is satisfied that the relevant particulars or conditions of the approval or registration can be varied in such a way as to allow the approval or registration to be affirmed;
the APVMA must vary the relevant particulars or conditions.
> Note: The APVMA may only vary relevant particulars or conditions that it has imposed. See section 6B.
(2) For the purposes of paragraph (1)(b), the APVMA may have regard only to the following:
(a) submissions, information, reports, results or samples that it had regard to under section 34;
(b) submissions made to the APVMA in response to the invitation under paragraph 34AB(2)(f).
(3) If the variation would affect any instructions for the use of an active constituent or chemical product, or any instructions on a label, the APVMA must not make the variation until it has consulted each co‑ordinator designated for a jurisdiction and taken into account any recommendations made by the co‑ordinators.
(4) If the APVMA varies the relevant particulars or conditions, it must record in the Record, Register or relevant APVMA file, as required, the relevant particulars or conditions as varied and the date on which the variation is made.