36BSubmission about failure to comply with request to inform Agency of location

36B Submission about failure to comply with request to inform Agency of location (1) If the Agency gives a competitor a notice under regulation 36A, the competitor (or a person on the competitor’s behalf) may, within 7 days after receiving the notice (the submission period): (a) give a written submission to the Agency setting out any reasonable cause for the failure to comply with the request; or (2) If the competitor does not give the Agency a written submission or notice within the submission period, the competitor is taken to have waived the competitor’s right to make a submission. (4) Before the end of the submission period, the Agency may, by written notice to the competitor, substitute for the period of 7 days mentioned in subregulation (1) a shorter period that it considers appropriate in the circumstances. (a) if, by written notice before the end of the submission period, the competitor waives the competitor’s right to make a submission — when the Agency receives the written notice; or (b) if the competitor gives the Agency a submission before the end of the submission period — when the Agency receives the submission. 36C Notice about competitors’ rights etc — competitor not able to be located for a sample after being requested to provide location (1) This regulation applies if the Agency decides that a competitor was not able to be located, so that a request for a sample could be made, because the competitor failed to comply with a request by the Agency to keep the Agency informed of where the competitor could be found. (2) As soon as practicable after making the decision, the Agency must give the competitor a written notice stating that the competitor (or a person on the competitor’s behalf) may, within 7 days after receiving the notice: (a) give a written submission to the Agency setting out any reasonable cause for the competitor’s failure to be located; or