PLANT BREEDER'S RIGHTS ACT 1994 - SECT 34 Detailed description in support of application to be given to Registrar

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 Registrar allows for the purpose, the applicant must, if the applicant has not already done so, give the Registrar 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 Registrar the detailed description required under this section within the required period, the application is taken to have been withdrawn.

  (3)   The detailed description must be 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 or 41E (both of which deal with test growing of essentially derived varieties); 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 Registrar 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 Registrar 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, when the examination fee would become payable apart from this subsection:

  (a)   the plant variety to which the application relates is subject to biosecurity control; or

  (b)   a biosecurity control order is in force in relation to the plant variety to which the application relates; or

  (c)   a biosecurity response zone determination is in force and the plant variety to which the application relates is in the biosecurity response zone.

  (8)   If subsection   (7) applies, the applicant must pay the prescribed examination fee within 12 months after (as the case requires):

  (a)   the plant variety is released from biosecurity control; or

  (b)   the biosecurity control order ceases to be in force in relation to the plant variety; or

  (c)   the biosecurity response zone determination ceases to be in force.