76Period within which APVMA is to determine application

#### 76 Period within which APVMA is to determine application (1) For the purposes of subsection 165(1) of the Code, the period for determining an application of a kind specified in column 1 of an item of the table in clause 2.1 of Schedule 6 is the period (if any) specified in column 2 of that item, subject to regulations 76A and 76B. (1A) Without limiting subregulation (1), a period specified in column 2 of an item of the table may be expressed as a period specified in, or worked out in accordance with, a legislative instrument made by the APVMA. (1B) If: (a) an application is of the kind mentioned in section 10 or 27 of the Code (the primary application); and (b) the applicant makes another application of the same kind as the primary application (the secondary application); and (c) the secondary application is made at the same time as the primary application; and (d) the applicant nominates the secondary application as an application related to the primary application; and (e) the chemical products to which the primary and secondary applications relate would have, if the applications were approved: (i) the same identifying information for the holder of the registration of the chemical products; and (ii) the same manufacturer; and (iii) the same address at which the chemical products are manufactured; and (iv) the same active constituent on the label of the chemical products; then, the period applicable under subregulation (1) and applicable to the primary application also applies to the secondary application. (2) A reference in column 2 or 3 of an item of the table in clause 2.1 of Schedule 6 to a modular assessment period, is a reference to the modular assessment period in respect of the application to which that item refers, worked out in accordance with regulation 77. (4) Despite subregulation (1), if: (a) the APVMA receives an application for a permit in respect of a chemical product; and (b) the application is in respect of an emergency use of the chemical product; the APVMA must determine the application as soon as is practicable in the circumstances of the case.