Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The APVMA may, upon the written application of a person wishing to export a chemical product to a foreign country and upon payment of the prescribed fee (if any) to the Commonwealth, give to the person or to the government of that country or to any authority of that country named by the person, a certificate setting out the findings (if any) of the APVMA in relation to any matters relating to the chemical product that are required to be established for the purposes of its export.
(1A) If the APVMA refuses to give a certificate under subsection (1), it must:
(a) give written notice of its refusal to the person who applied for the certificate; and
(b) include in the notice the reasons for the refusal.
(1AA) The APVMA may, on its own initiative, reconsider a decision of the APVMA to refuse to give a certificate under subsection (1).
(1AB) If the APVMA reconsiders the decision, it must:
(b) set aside the decision and give the certificate.
(1AC) The APVMA must give notice of a thing done under subsection (1AB) to the person who applied for the certificate.
(1B) Application may be made to the Administrative Appeals Tribunal for review of a decision of the APVMA refusing to give a certificate under subsection (1).
(1C) A notice given under subsection (1A) must include a statement to the effect that:
(a) subject to the Administrative Appeals Tribunal Act 1975 , application may be made by or on behalf of a person whose interests are affected by the decision to the Administrative Appeals Tribunal for a review of the decision to which the notice relates; and
(b) unless subsection 28(4) of that Act applies, application may be made in accordance with section 28 of that Act by or on behalf of a person whose interests are affected by the decision for a statement in writing setting out the findings on material questions of fact, referring to the evidence or other material on which those findings were based and giving the reasons for the decision.
(1D) A failure to comply with subsection (1C) in relation to a decision does not affect the validity of the decision.
(2) If the APVMA becomes aware that a chemical product:
(a) in respect of which an application for registration has been refused; or
(b) the registration of which has been suspended or cancelled; or
(c) the registration of which is subject to conditions significantly limiting the use of the product;
is proposed to be exported to a foreign country, the APVMA may, on its own
initiative, tell a body established in that country and having functions
similar to its own functions that the application has been so refused, that
the registration has been so suspended or cancelled or that the registration
of the product has been made subject to those conditions, as the case may be,
and the reasons for that refusal, suspension, cancellation or imposition of
conditions.