Commonwealth Consolidated Regulations

AGRICULTURAL AND VETERINARY CHEMICALS CODE REGULATIONS 1995 - REG 36

    For the purposes of subsection   69(2) of the Code, the matters to which the arbitrator must have regard in determining what is a fair proportion of an amount of the cost incurred by each primary holder are as follows:

  (a)   the time that has elapsed since the protected information was obtained by each primary holder;

  (b)   the value of sales of the primary chemical product concerned since the registration of the product;

  (c)   whether each primary holder has already received compensation for the use of the protected information by the APVMA;

  (d)   the cost of obtaining the protected information if it were to be compiled at the time of the arbitration.