11Information that may be used for ingredient determinations

#### 11 Information that may be used for ingredient determinations Overseas trials and experiments, and consultation (1) The following provisions apply in relation to the making, variation or revocation of an ingredient determination in relation to an ingredient as if the ingredient were an active constituent for a proposed or existing chemical product: (a) subsections 160(2) and (3) of the Code (overseas trials and experiments); (b) section 8 of the Agricultural and Veterinary Chemicals (Administration) Act 1992 (consultation). Limits on use of information (2) The APVMA must not use information given to it in connection with an application under the Code: (a) to assess an application made under clause 10 in relation to an ingredient; or (b) to make any other decision in relation to the making, variation or revocation of an ingredient determination in relation to an ingredient; unless the information was given to it in connection with the application mentioned in paragraph (a) or the decision mentioned in paragraph (b). (3) A person or body consulted under section 8 of the Agricultural and Veterinary Chemicals (Administration) Act 1992, as that section applies under subclause (1), must not, for the purposes of providing information or advice in relation to the making, variation or revocation of an ingredient determination, use information that the APVMA must not, under subclause (2), use in relation to the ingredient determination. (4) The following provisions of the Code apply in relation to subclauses (2) and (3) in the same way as they apply in relation to subsections 34G(1) and (3) of the Code: (a) subsections 34G(1B) and (2); (b) sections 34H to 34M. (5) For subclause (4), the condition in subsection 34J(4) of the Code is taken to be replaced by the condition that: (a) the information relates to the making, variation or revocation of an ingredient determination in relation to an ingredient; and (b) the information shows that a matter mentioned in subclause 9(4) of this Schedule may not be satisfied in relation to the ingredient. (6) For subclause (4), if the APVMA relies on information given in connection with an application under clause 10 to make or vary an ingredient determination in accordance with the application, a limitation period is taken to apply to the information under section 34M of the Code that ends 3 years after the information is given. (7) To avoid doubt, this clause applies in relation to the making, variation or revocation of an ingredient determination whether on the APVMA’s own initiative or on application under clause 10. Schedule 3B—Listed chemical products Note: See regulation 8AR.