This content is current only at the time of printing. This document was printed on 15 December 2021. A current copy is located at http://www.ipagescanada.com/node/1136
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Who can apply
View the quick reference guide to the roles and actions of holders, nominated and authorised agents and authorising parties.
Individuals and body corporates (holders)
Any individual or a body corporate (holder) can apply for an export certificate.
An applicant may either be an existing or prospective holder, irrespective of whether or not they are in Australia. The person or body corporate who makes an application is referred to consistently as ‘the applicant’.
A holder of an approval or registration may appoint a person to be a nominated agent for the approval or registration (see Division 4 of Part 2 of the Agvet Code – sections 8L to 8R).
A nominated agent has the same rights and obligations as a holder, and is treated in the same way. They may do anything a holder may do under the Agvet Code. The Australian Pesticides and Veterinary Medicines Authority (APVMA) may do anything in relation to the nominated agent that it would do in relation to the holder.
Holders who do not reside in Australia and who carry on business in Australia will be required to appoint an Australian ‘nominated agent’ as a condition of registration.
This ensures that there is a person in Australia with the same liabilities as the holder for the active constituent or chemical products. This is particularly important for matters relating to notices and records, where the APVMA may be unable to deliver notices to or obtain records from an overseas holder.
A nominated agent may at any time give a signed written request to the APVMA to withdraw from being the nominated agent.
An authorised agent is an agent under common law.
Applicants may appoint an authorised agent – such as a registration consultant – to act on their behalf during the application process. In addition, an applicant who resides in Australia or conducts business in Australia may appoint an authorised agent to act on their behalf on an ongoing basis. Overseas entities can only use authorised agents to assist with the application process for approval or registration (and are required to have a nominated agent once approval and/or registration is completed).
An authorised agent may act on behalf of the current or prospective holders in the context of applications. A nominated agent for an overseas holder may also engage an authorised agent to assist with variations to registrations and approvals.
These authorised agents have responsibilities in relation to their interactions with the APVMA – for example, they must not provide false or misleading information. However, an authorised agent does not have the same obligations that a nominated agent has.
An authorised agent must accept their appointment in writing.
An authorised agent may be appointed for a specific period or a specific task for holders who reside in Australia or are registered to conduct business in Australia. The appointment ceases on completion of the timeframe or task (or if the appointment is terminated). In other cases (i.e. for overseas applicants), the appointment ceases when the application is finalised or if it is withdrawn prior to finalisation.
If you are an applicant, a holder, a nominated agent or an authorised agent, you should seek your own legal and financial advice on the most appropriate way to set up your arrangements to assist you to comply with your legal obligations.