Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

PLANT BREEDER'S RIGHTS ACT 1994 - SECT 30

Acceptance or rejection of applications

             (1)  The Registrar must, as soon as practicable after an application for PBR is lodged in a plant variety, decide whether to accept or reject the application.

             (2)  If the Registrar is satisfied that:

                     (a)  no other application has, or, if the application were to meet the requirements of paragraphs (b) and (c), would have, an earlier priority date in the variety; and

                     (b)  the application complies with the requirements of section 26; and

                     (c)  the application establishes a prima facie case for treating the plant variety as distinct from other varieties;

the Registrar must accept the application.

             (3)  If the Registrar is not satisfied of all of the matters referred to in subsection (2), the Registrar must reject the application.

             (4)  If the Registrar decides to accept the application, the Registrar must:

                     (a)  notify the applicant that the application has been accepted; and

                     (b)  as soon as possible after notifying the applicant--give public notice of the acceptance of the application.

             (5)  If the Registrar decides to reject an application, the Registrar must:

                     (a)  notify the applicant of the rejection and of the reasons for the rejection; and

                     (b)  as soon as possible after notifying the applicant--give public notice of the rejection of the application.

Note:          A decision under this section to accept or reject an application is reviewable by the AAT under section 77.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback