39Suspension of approval or registration if compensation for use of protected information cannot be arbitrated

#### 39 Suspension of approval or registration if compensation for use of protected information cannot be arbitrated (1) If: (a) the primary holder in relation to a primary active constituent and the secondary holder in relation to a secondary active constituent or a secondary chemical product were parties to an arbitration under Division 3 of Part 3 as to the terms of compensation; and (b) the arbitrator gives notice to the APVMA under section 68 in respect of the failure of each party to the arbitration to make a fresh proposal as to the terms of the compensation or to make a fresh proposal as to those terms that the arbitrator thinks reasonable; the APVMA may suspend the approval of the primary active constituent or may suspend the approval of the secondary active constituent or the registration of the secondary chemical product, as the case may be, or may do both of those things. (2) If: (a) the primary holder in relation to a primary chemical product and the secondary holder in relation to a secondary chemical product were parties to an arbitration under Division 3 of Part 3 as to the terms of compensation; and (b) the arbitrator gives notice to the APVMA under section 68 in respect of the failure of each party to the arbitration to make a fresh proposal as to the terms of the compensation or to make a fresh proposal as to those terms that the arbitrator thinks reasonable; the APVMA may suspend the registration of either or both of those products. > Note: Section 34P does not apply to a suspension or cancellation under this section.