35Arbitrator may require information etc

#### 35 Arbitrator may require information etc (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). Penalty: 5 penalty units. (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.