Document ID: chunk:federal_register_of_legislation:C2024C00508:section:70
Version: federal_register_of_legislation:C2024C00508
Segment Type: section
Provision Reference: s 70
Character Range: 226339–228667

70  Effect and enforcement of determination by arbitrator
 (1) If the arbitrator makes a determination or determinations as to the terms of the compensation to be paid by the secondary holder to a primary holder or primary holders, the following provisions apply.
 (2) The arbitrator must:
 (a) send the determination, or each determination, to the APVMA; and
 (b) give to the primary holder and secondary holder to whom a determination relates a copy of the determination certified by the arbitrator to be a true copy.
 (3) If there is only one such determination and the secondary holder gives written notice to the primary holder stating that the secondary holder agrees to comply with the determination, the secondary holder is liable to pay compensation to the primary holder in accordance with the determination.
 (4) If there are 2 or more such determinations and the secondary holder gives written notice to the primary holder to whom one of those determinations relates stating that the secondary holder agrees to comply with that determination, the secondary holder is liable to pay compensation to that primary holder in accordance with that determination.
 (5) If the secondary holder to whom a determination relates gives notice under subsection (3) or (4) to the primary holder to whom that determination relates, that secondary holder must give a copy of the notice to the APVMA.
Penalty: 10 penalty units.
 (5A) Subsection (5) does not apply if the secondary holder has a reasonable excuse.
Note: The defendant bears an evidential burden in relation to the matter in subsection (5A). See subsection 13.3(3) of the Criminal Code.
 (5B) An offence under subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (6) If a primary holder to whom a determination by the arbitrator relates receives a notice under subsection (3) or (4) by the secondary holder to whom that determination relates, that primary holder may lodge a copy of the determination certified by the arbitrator, together with the notice, with a court having jurisdiction to the extent of the total amount of compensation payable under the determination and, when the determination and application have been so lodged, the determination may be enforced as a final judgment of that court.