Rust-Oleum Australia Pty Ltd and Australian Pesticides and Veterinary Medicines Authority

Rust-Oleum Australia Pty Ltd (the applicant) sought judicial review of a decision by the Australian Pesticides and Veterinary Medicines Authority (the APVMA) to issue a notice requiring the recall of its product, "Rust-Oleum Mould Killer & Inhibitor" (the product). The APVMA had determined that the product was an agricultural chemical product, and therefore subject to its regulatory control.

The primary legal issue before the Court was whether the APVMA's decision was correct in classifying the product as an agricultural chemical product. This involved determining whether the product's intended use, as described on its label, fell within the definition of an agricultural chemical product under the relevant legislation. Specifically, the Court had to consider whether the product was a mould inhibitor, mould killer, or disinfectant, and whether its intended use was for residential purposes rather than domestic purposes. A secondary issue concerned whether the APVMA's decision could be reviewed based on a previous label of the product, which differed from its current distribution label.

The Court affirmed the APVMA's decision, finding that the product's description and intended use, as presented on its current label, established it as an agricultural chemical product. The Court reasoned that the product's function as a mould killer and inhibitor, particularly for use in residential settings, brought it within the scope of the legislation. The Court also determined that the review should be based on the product's current label, as this reflected its actual distribution and use, and that the previous label was not determinative of the classification.

The application for judicial review was dismissed.