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Agricultural and Veterinary Chemicals Legislation Amendment (Removing Re-approval and Re-registration) Bill 2014

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7485

2013-2014

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

 

Agricultural and Veterinary Chemicals Legislation Amendment (Removing Re-approval and Re-registration) Bill 2014

 

 

( 1 )     Schedule  1 , page 7 (after line 14) , after item  31 , insert:

31A  At the end of section 31 of the Code set out in the Schedule

Add:

             (4)  The APVMA must, as soon as is reasonable after the commencement of this subsection and in accordance with this Division, reconsider:

                     (a)  the approval of an active constituent for a proposed or existing chemical product, if subsection (5) applies to the active constituent; or

                     (b)  the registration of a chemical product, if subsection (5) applies to the chemical product.

             (5)  This subsection applies to an active constituent or chemical product if, at the commencement of this subsection, the active constituent or chemical product:

                     (a)  is included in Schedule 7 to the current Poisons Standard (within the meaning of the Therapeutic Goods Act 1989 ); or

                     (b)  is categorised as any of the following under the Globally Harmonised System of Classification and Labelling of Chemicals of the United Nations:

                              (i)  Category 1A or 1B carcinogen;

                             (ii)  Category 1A or 1B germ cell mutagen;

                            (iii)  Category 1A or 1B reproductive toxicant;

                            (iv)  Category 1 chronic hazard to the aquatic environment; or

                     (c)  is included in Class 1a or 1b of the WHO Recommended Classification of Pesticides by Hazard of the World Health Organization; or

                     (d)  is listed in Annex A to the Stockholm Convention on Persistent Organic Pollutants, done at Stockholm on 22 May 2001, (the Stockholm Convention ); or

Note:       The Convention is in Australian Treaty Series 2004 No. 23 ([2004] ATS 23) and could in 2014 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

                     (e)  taking into consideration the criteria in paragraph 1 of Annex D to the Stockholm Convention, exhibits the characteristics of persistent organic pollutants; or

                      (f)  is listed in Annex III to the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, done at Rotterdam on 10 September 1998; or

Note:       The Convention is in Australian Treaty Series 2004 No. 22 ([2004] ATS 22) and could in 2014 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

                     (g)  is a controlled substance (within the meaning of the Montreal Protocol on Substances that Deplete the Ozone Layer, done at Montreal on 15 September 1987); or

Note:       The Protocol is in Australian Treaty Series 1989 No. 18 ([1989] ATS 18) and could in 2014 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

                     (h)  is an active constituent or chemical product possession of which is generally prohibited under the law of Canada, the European Union, New Zealand or the United States that corresponds to this Code; or

                      (i)  has shown a high incidence of severe or irreversible adverse effects on human health or the environment.

[reconsideration]