36Fair proportion of cost of providing protected information

#### 36 Fair proportion of cost of providing protected information 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.