Commonwealth Consolidated Acts

PLANT BREEDER'S RIGHTS ACT 1994 - SECT 30

             (1)  The Secretary 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 Secretary 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 Secretary must accept the application.

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

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

                     (a)  give written notice to the applicant telling 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 Secretary decides to reject an application, the Secretary must:

                     (a)  give written notice to the applicant telling the applicant of the rejection and setting out 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.