Penalties

The APVMA’s governing legislation prescribes a number of offences that attract penalties, which are expressed in the legislation as penalty units. The amount of penalty payable is calculated by multiplying the number of penalty units by the monetary value currently in force. These details are correct at the time of publication, but users should make their own inquiries to confirm these details if necessary.

Compliance offences under the Administration Act

*(One penalty unit is $170 for an individual and may be up to five times this amount for a body corporate)

 
Section Offence Provision Penalty Units*
PART 7A – IMPORTATION, MANUFACTURE AND EXPORTATION
69B Without consent of APVMA, import unapproved activities or unregistered products 300
69C(5) Importation, manufacture or export activities in contravention of a condition, prescribed by regulation made for the purposes of s69c (1), relating to prescribed international arrangements [eg, PIC] for the active/product 30
69E Annual returns:
- must keep and retain for 6 years records of imports into, manufactures in and exports from, Australia of actives/products
30
69EA Keeping of records:
- must keep and retain for 6 years records into manufactures in and exports from Australia of actives/products
30
69EB
69EB(6)
Searches to monitor compliance with Part 7A
A person must not refuse or fail to comply with a direction given by an inspection under this section
30
69EN(3) A person must not refuse to give information or produce documents to an inspector who has entered premises 30
69EO A person must not in accordance with a requirement made by an inspector under this part given information that the person knows to be false or misleading 30

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Compliance offences under Agvet Code

*(One penalty unit is $170 for an individual and may be up to five times this amount for a body corporate)

 
Section Offence Provision Penalty Units*
55(4) Suspended/cancelled products - a person must not deal with active/product except in accordance with the instructions in the notice of suspension or cancellation 300
61 PRRD - primary applicant must notify secondary applicant 300
70 (5) PRRD - where arbitrator makes determination and secondary applicant gives written notice to primary applicant that he agrees to comply with that determination, the secondary applicant must give a copy of the notice to the APVMA 10
74 Possession/custody of unapproved active 200
75 Possession/custody of unregistered product 200
76 Supply of unapproved active 300
77 Supply of approved actives in contravention of conditions 300
78 Supply of unregistered product 300
79 Supply of registered product in contravention of conditions 300
80 Supply of chemical products without approved label 300
81 Supply of chemical products with unapproved label 300
82 Supply of chemical products in container opened by inspector 300
83 Supply of substances whose constituents differ from constituents of registered chemical product 300
84 Claims inconsistent with labels 300
85 Modification of warning prohibited 300
86 Labels not to be detached 300
87 Chemical product to conform to standard 300
88 Certain notices not to be published:
- a person must not publish a notice that offers to sell an unapproved active or an unregistered product unless application has been made and the notice states the active is unapproved (or the product unregistered)
30
89 Certain statements prohibited:
- a person must not publish false information about a Chemical product or claim that the APVMA recommends, or guarantees, warrants or assures the safety or efficacy of the product, etc
30
90 Manufacture of date-controlled chemical product:
- a person must not manufacture or import a date-controlled chemical product without making the correct record and keeping that record for the period prescribed
120
91 Supply of date- controlled chemical products:
(1) must not supply date-controlled chemical products in a container without the approved label containing required expiry date, etc and
(2) must not supply after expiry date
120
92 Abuse of warning on label prohibited:
- must not detach, deface, obliterate or destroy an approved label, etc
120
94 Restricted chemical products:
-must not be supplied to a person not authorised to use
120
95 Labels for restricted chemical products: 
- must contain the appropriate words
120
97(2)) Analysis by approved analysts:
- must give APVMA certificate in approved form
10
97(6) Must not use analyst certificate given under 97(2) for trade purposes or advertising 60
99(5) Analysis of chemical products
APVMA on advice of inspectors give written notice to have substance on mixture analysed to determine differing constituents concentrations, etc, (97)(2)) on whether substance or mixture fails to comply with prescribed standards (97(3)). Must comply with notice and give analyst  cel1ificate to APVMA within 5 working days of receipt  APVMA empowered to issue recall notices for chemical products.
120
105 Must comply with recall notice 120
131 Inspectors may search premises, inspect documents, take samples, give directions
- must comply with directions of inspectors in search of premises
30
144(3) Inspectors empowered to require information and produce documents
- must comply with inspector's requirements
30
145 False or misleading information or document:
must not give false information or knowingly product false or misleading document
30
161(1) Notification of new information to APVMA by interested persons or holders of permits:
- must give information to APVMA as soon as is practicable
300
162(1) Disclosure of confidential commercial information by directors, staff or APVMA, consultants, mediators, arbitrators or coordinators
- must not disclose confidential commercial information
acquired in performance at' duties on behalf of APVMA
2 years imprisonment
162(8) Must not disclose confidential acquired from authorised person to enable advice to be given to APVMA, Government
body or other person
2 years imprisonment
162(9) Must not disclose confidential commercial information acquired from directors or staff of APVMA, consultants, imprison mediators, arbitrators, or coordinators under powers under
the Code
2 years imprisonment
162(1) Notice to interested persons or proposed disclosure of information that is claimed to be confidential commercial information
Disclosing person must not disclose information claimed by interested person to be confidential commercial information until expiry of 28 days after written notice has been given to interested person giving reasons why disclosing person believes that information is not confidential commercial information
2 years imprisonment

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Compliance offences under Levy Act

*(One penalty unit is $170 for an individual and may be up to five times this amount for a body corporate)

 
Section Offence Provision Penalty Units*
23(3) A person must not refuse or fail to comply with a requirement made by and inspector (who has entered premises under the Act) to give information or product documents 30
20(30) A person must give APVMA information as to disposals of chemical products within one month of receipt notice from APVMA 30
37 A person must not give false or misleading information given in compliance with this collection of Levy Act 30

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Compliance offences under Agvet Code Regulations

*(One penalty unit is $170 for an individual and may be up to five times this amount for a body corporate)

 
Section

Offence Provision Penalty Units*
46(1) Supply of Chemical product batch number of supply:
- must make a record identifying batch information approved by APVMA
10
46(3) Supply of chemical product batch number or record of supply:
- must keep records for 3 years
10
47C(1) Hormonal growth promotant not to be supplied:
- must not supply unless notification number has been assigned by APVMA
10
48(1) Supply of hormonal growth promotant – purchase declaration:
- must not supply unless purchaser gives declaration information approved by APVMA
10
49 Record of hormonal growth promotant – manufacture and supplier:
- must record particulars of promotant, manufacturer and recipient
10
50 Record of supply of hormonal growth promotant – importer and supplier:
- must not detail of promotant, importer and recipient
10
51 Record of supply of hormonal growth promotant – other suppliers:
- must record details of promotant, previous supplier =, supplier and recipient
10
53(2) Copy of records of manufacturer, importer, supplier and recipient of hormonal growth promotant to be given to APVMA:
- must give copies of records to APVMA within 14 days after end of month
10

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