US Free Trade Agreement Implementation Act 2004 (120 of 2004)

Schedule 2   Agricultural and veterinary chemicals amendments

Part 2   Provisions relating to limits on use of information

Agricultural and Veterinary Chemicals Code Act 1994

8   After section 14A of the Schedule

Insert:

14B NRA not to use information for registration of new agricultural chemical product to approve a similar product after disclosure

(1) This section applies if:

(a) information was given to the NRA in connection with an application made after the commencement of this section for registration of an agricultural chemical product (the first product ) containing an active constituent that was not a previously endorsed active constituent at the time of registration of the first product; and

(b) the information related to the first product or the active constituent and a matter that:

(i) is described in paragraph 14(3)(e) (except subparagraph 14(3)(e)(iv)) or paragraph 14(3)(f); or

(ii) is prescribed by the regulations; and

(c) the information was disclosed:

(i) by the Commonwealth, a State or a Territory; or

(ii) by an authority of the Commonwealth, a State or a Territory (including the NRA); or

(iii) by anyone acting on behalf of the Commonwealth, a State, a Territory or an authority of the Commonwealth, a State or a Territory; and

(d) the information was not publicly available before the disclosure; and

(e) as a result of the disclosure, the interested person, or an approved person, for an application for registration of an agricultural chemical product (the second product ) that is the same as, or similar to, the first product, seeks to have the NRA use the information in granting the application.

(2) For 10 years after the first day on which the first product was registered, the NRA must not use the information to grant the application for registration of the second product if:

(a) the registration of the second product would be commercially unfair; and

(b) the authorising party for the information does not consent to the use.

(3) The use of information in contravention of subsection (2) for granting the application for registration of the second product does not affect the validity of the grant or of the registration of the second product.

(4) An action or proceeding does not lie against any of the following for any loss directly or indirectly sustained because of the use of information in contravention of subsection (2):

(a) the Commonwealth;

(b) the NRA;

(c) a person who is or has been:

(i) a director of the NRA; or

(ii) the Chief Executive Officer of the NRA; or

(iii) a delegate of the NRA; or

(iv) a member of the staff of the NRA.

(5) This section has effect in addition to Division 4A.