Commonwealth Numbered Regulations

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1995 No. 27 AGRICULTURAL AND VETERINARY CHEMICALS CODE REGULATIONS - REG 35

Arbitrator may require information etc.
35. (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 registration 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 without reasonable excuse fail to comply with a notice
given to the person under subregulation (1). Penalty: 5 penalty units.

(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. 


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