Commonwealth Consolidated Acts

PLANT BREEDER'S RIGHTS ACT 1994 - SECT 34

             (1)  As soon as practicable after, but not later than 12 months after, an application has been accepted, or within such further period as the Secretary allows for the purpose, the applicant must, if the applicant has not already done so, give the Secretary a detailed description of the plant variety to which the application relates.

Note:          A decision under this subsection to refuse to extend the 12 months period is reviewable by the AAT under section 77.

             (2)  If the applicant fails to give the Secretary the detailed description required under this section within the required period, the application is taken to have been withdrawn.

             (3)  The detailed description must:

                     (a)  be in writing; and

                     (b)  be in an approved form; and

                     (c)  be lodged with the Secretary in a manner set out in the approved form.

             (4)  The detailed description must contain:

                     (a)  particulars of the characteristics that distinguish the variety from other plant varieties the existence of which is a matter of common knowledge; and

                     (b)  particulars of:

                              (i)  any test growing carried out, including a test growing carried out as required under section 37, to establish that the variety is distinct, uniform and stable; and

                             (ii)  any test growing carried out as required under section 41; and

                     (c)  if the variety was bred outside Australia--particulars of any test growing outside Australia that tend to establish that the variety will, if grown in Australia, be distinct, uniform and stable; and

                     (d)  such other particulars (if any) as are required by the approved form;

and must be accompanied by a certificate, in the approved form, verifying the particulars of the detailed description, completed by the approved person nominated in the application as the approved person in relation to that application.

             (5)  The Secretary must, as soon as practicable after receiving a detailed description of a plant variety to which an application for PBR relates, give public notice of that description.

             (6)  The applicant must:

                     (a)  unless paragraph (b) applies--within 12 months after the application has been accepted; and

                     (b)  if the detailed description has been given to the Secretary before the end of that period--at the time when the description was given;

pay to the Commonwealth such examination fee as is prescribed.

             (7)  Subsection (6) does not apply to an applicant if the plant variety to which the application relates is in quarantine under the Quarantine Act 1908 when the examination fee becomes payable. Instead, the applicant must pay the prescribed examination fee within 12 months after the plant variety is released from quarantine.