Commonwealth Numbered Regulations

1995 No. 27 AGRICULTURAL AND VETERINARY CHEMICALS CODE REGULATIONS - REG 36

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 a primary applicant are as follows:

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

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

   (c)  whether the primary applicant has already received compensation for
        the use of the protected registered information by the NRA;

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