43Election to have Part B of sample tested

43 Election to have Part B of sample tested (1) If the Agency gives a competitor an information notice that includes the statements mentioned in subregulation 42 (3), the competitor may give the Agency a notice, in writing, within 7 days after receiving the information notice that the competitor: (a) elects to have Part B of the sample tested; or (b) does not elect to have Part B of the sample tested. (2) If the competitor does not notify the Agency under subregulation (1) within 7 days after receiving the information notice, the competitor cannot later make any election in relation to the testing of Part B of the sample. (3) If the competitor elects to have Part B of the sample tested: (a) the Agency must, as soon as practicable after the election, arrange for Part B to be tested on a particular day (the testing day); and (b) the Agency must give the competitor a notice, in writing, to that effect. (4) However, the Agency must not arrange for Part B of the sample to be tested on a day earlier than the day after the competitor is presumed to have received the notice mentioned in paragraph (3) (b). (5) If the competitor does not elect to have Part B of the sample tested: (a) the competitor is still entitled to make a submission in relation to the testing of Part A of the sample; and (b) the competitor may waive his or her right to make a submission in relation to the testing of Part A of the sample; and (c) the Agency will make a decision under regulation 29 whether or not to make an entry on the relevant register.