“manager of the core database means the dairy industry entity nominated by the Crown under section 65A(1) of the Act to manage the core database”.

“3A Transitional, savings, and related provisions

• The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.”

• “(c) the information that must be supplied to the manager of the core database for entering into the core database.”

• “(2) LIC or the manager of the core database may require an applicant for access to the data in the core database to execute an agreement with LIC or the manager (as the case may be) before access is granted.”

• “(2) The Panel must provide—

  • “(a) LIC with a written copy of the Panel’s decisions and determinations concerning access to the database, so far as they apply to LIC:

  • “(b) the manager of the core database with a written copy of the Panel’s decisions and determinations concerning access to the database, so far as they apply to the manager.”

“Restrictions on LIC and manager of core database in relation to core database

“22 Manager must retain data

• “(1) The manager of the core database must retain the following information in electronic form:

  • “(a) all data provided to LIC under the Herd Testing Regulations 1958 and held by LIC in electronic form at the commencement of these regulations; and

  • “(b) all data provided to LIC after the commencement of these regulations under the Herd Testing Regulations 1958; and

  • “(c) all data provided to LIC or to the manager under these regulations.

  “(2) The manager of the core database must retain the data so that it is readily retrievable.

“23 LIC and manager of core database must comply with Panel decisions

• LIC and the manager of the core database must comply with every decision of the Panel in relation to the supply of data in the core database (subject to payment of any charge for access).

“24 Restrictions on LIC and manager of core database making data available

• “(1) Neither LIC nor the manager of the core database may make data in the core database available except—

  • “(a) in accordance with a decision or determination of the Panel; or

  • “(b) to the owner or person in charge of the dairy herd to which the data relates; or

  • “(c) to a person authorised to receive the data by the owner or person in charge of the dairy herd to which the data relates.

  “(2) A person referred to in subclause (1)(b) or (c) may request the manager of the core database to provide data in the core database, and the entity concerned must provide the requested data subject to payment of any reasonable charge for access set by that entity.

  “(3) Subclause (1) does not prevent LIC from using data in the core database for the purposes of its own business. However, if LIC proposes to use data in any partnership or joint venture or other arrangement with any other person, subclause (1) applies to access to the information for that purpose.”

• “(2) In subclause (1), any other person includes—

  • “(a) any director, employee, or contractor of LIC or of the manager of the core database; and

  • “(b) any associated person of LIC or of the manager who is involved in any activity of LIC’s or the manager’s other than the operation of the database of which the core database forms a part.”

“26 Manager must publish information relating to procedures and pricing methodologies

• “(1) The manager of the core database must publish the manager’s—

  • “(a) procedures for complying with decisions of the Panel, including maximum time periods for the provision of data; and

  • “(b) procedures for complying with regulation 25; and

  • “(c) pricing methodology or methodologies used to set charges for access to data in the core database (including charges that the manager makes to businesses it owns for access to that data), and the prices resulting from applying those methodologies.

  “(2) The manager of the core database must publish the information required by subclause (1) as soon as practicable after 1 June in each year.

  “(3) The manager of the core database must ensure that the manager makes available, in the following ways, information that the manager is required by these regulations to publish:

  • “(a) by making copies of the information available for inspection, during ordinary office hours, at the manager’s office; and

  • “(b) by providing the information to a person who requests it, in whichever of the following ways the person prefers:

    • “(i) by post; or

    • “(ii) for collection, during ordinary office hours, from the manager’s office.”

• “(1) The directors of LIC or of the manager of the core database must ensure that the auditor has access at all times to the records and other documents of the entity and of any subsidiaries of the entity for the purpose of carrying out the audit.

• “(2) The auditor is entitled to require from a director or an employee of LIC or of the manager of the core database any information and explanations relating to the entity and its subsidiaries that he or she thinks necessary for the effective carrying out of the audit.”

• “(2) LIC and the manager of the core database each commits an offence, and is liable on conviction to a fine not exceeding $20,000, if the entity contravenes any of the following regulations (so far as they apply to the entity):

  • “(a) regulation 12 (no exclusive access arrangements):

  • “(b) regulation 22 (manager must retain data):

  • “(c) regulation 23 (LIC and manager of core database must comply with Panel decisions):

  • “(d) regulation 24 (restrictions on LIC and manager of core database making data available):

  • “(e) regulation 25(1) (confidentiality).”