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AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 - SECT 69EN

APVMA may require claims to be substantiated etc.

  (1)   This section applies if a person has made a claim or representation in relation to:

  (a)   the import, or possible import, of a chemical product by the person or another person; or

  (b)   the export of a chemical product by the person or another person.

  (2)   The APVMA may give the person who made the claim or representation a written notice that requires the person to do either or both of the following:

  (a)   give information or produce documents to the APVMA that could be capable of substantiating or supporting the claim or representation;

  (b)   give information or produce documents to the APVMA that are of a kind specified in the notice;

within 21 days after the notice is given to the person who made the claim or representation.

  (3)   Any kind of information or documents that the APVMA specifies under paragraph   (2)(b) must be a kind that the APVMA is satisfied is relevant to substantiating or supporting the claim or representation.

  (4)   The notice must:

  (a)   name the person to whom it is given; and

  (b)   specify the claim or representation to which it relates; and

  (c)   explain the effect of sections   69ENA and 69ENB.

  (5)   The notice may relate to more than one claim or representation that the person has made.

  (6)   This section does not apply to a person who made the claim or representation if the person:

  (a)   made the claim or representation by publishing it on behalf of another person in the course of carrying on a business of providing information; and

  (b)   does not have a commercial relationship with the other person other than for the purpose of:

  (i)   publishing claims or representations promoting, or apparently intended to promote, the other person's business or other activities; or

  (ii)   the other person supplying goods or services.


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