Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) If the arbitrator reasonably believes that a person is able to give information or produce a document that may be used for the purpose of determining:
(a) an amount referred to in subparagraph 69(1)(b)(i) or (ii) of the Code (each of which deals with the amount of the cost of obtaining protected information); or
(b) what, for the purposes of paragraph 69(1)(b) of the Code, is a fair proportion of that amount; or
(c) any other matter relevant to the determination of what is a reasonable proposal as to the terms of compensation;
the arbitrator may give notice in writing to the person in accordance with subregulation (2).
(2) A notice under subregulation (1) may require the person:
(a) to give the information to the arbitrator within the time and in the manner specified in the notice; or
(b) to attend before the arbitrator at a specified time and place and answer any question; or
(c) to produce the document to the arbitrator in accordance with the notice.
(3) A person must not fail to comply with a notice given to the person under subregulation (1).
(3A) It is a defence to a prosecution under subregulation (3) if the defendant has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter mentioned in this subregulation--see section 13.3 of the Criminal Code .
(3B) An offence under subregulation (3) is an offence of strict liability.
Note: For strict liability , see section 6.1 of the Criminal Code .
(4) An arbitrator may require evidence to be given on oath or affirmation, and for that purpose, the arbitrator may administer an oath or affirmation.