115Directions relating to CMS equipment

#### 115 Directions relating to CMS equipment 115 Directions relating to CMS equipment > > (1) In this clause— > > > > CMS equipment means any device or equipment (including cables) used in connection with the operation of an authorised CMS. > > > (2) The Minister may, by notice in writing, direct a CMS licensee to make available to the State, at a fair and reasonable cost, any CMS equipment that belongs to, or is under the control of, the licensee. > > > (3) If any dispute arises as to the cost of the CMS equipment required to be made available to the State in accordance with the direction— > > > > > (a) the Minister is to appoint an independent arbitrator to resolve the matter, and > > > > > (b) the CMS licensee is, pending the resolution of the matter, required to comply with the direction. > > > (4) A CMS licensee who does not comply with a direction given to the licensee under this clause is guilty of an offence. > > > > Maximum penalty—50 penalty units. > > > (5) A direction under this clause is not required to be complied with if the CMS equipment to which the direction relates is sold or otherwise transferred to the State.