Commonwealth Consolidated Acts

PLANT BREEDER'S RIGHTS ACT 1994 - SECT 50

             (1)  The Secretary must revoke PBR in a plant variety or a declaration that a plant variety is essentially derived from another plant variety if:

                     (a)  the Secretary becomes satisfied that facts existed that, if known before the grant of that right or the making of that declaration, would have resulted in the refusal to grant that right or make that declaration; or

                     (b)  the grantee has failed to pay a fee payable in respect of that right or of that declaration within 30 days after having been given notice that the fee has become payable.

             (2)  The Secretary may revoke PBR in a plant variety if:

                     (a)  the Secretary is satisfied that a person to whom that right has been assigned or transmitted has failed to comply with section 21; or

                    (aa)  the Secretary is satisfied that the grantee, without reasonable excuse, has failed to comply with the requirements of a notice under section 37; or

                     (b)  the Secretary is satisfied that the grantee has failed to comply with a condition imposed under section 49.

             (3)  If the Secretary revokes PBR in a plant variety or a declaration that a plant variety is essentially derived from another plant variety, the Secretary must, within 7 days after the decision to revoke was taken, by notice given to the grantee of the right that has been revoked or of the right that is affected by the giving of the declaration of essential derivation, tell that grantee of the decision and set out the reasons for the revocation.

             (4)  The Secretary must not revoke PBR under this section unless:

                     (a)  the Secretary has given the grantee, or any person to whom the Secretary believes that right has been assigned or transmitted, particulars of the grounds of the proposed revocation; and

                     (b)  the grantee or that other person has had 30 days after being given those particulars to make a written statement to the Secretary in relation to the proposed revocation.

             (5)  The Secretary must not under this section, revoke a declaration that a plant variety is essentially derived from another plant variety (the initial variety ) unless:

                     (a)  the Secretary has given the grantee of PBR in the initial variety, or any person to whom the Secretary believes that that PBR has been assigned or transmitted, particulars of the grounds of the proposed revocation of that declaration of essential derivation; and

                     (b)  the grantee or that other person has had 30 days after being given those particulars to make a written statement to the Secretary in relation to the proposed revocation.

             (6)  The revocation of PBR in a plant variety or of a declaration that a plant variety is essentially derived from another plant variety takes effect:

                     (a)  if no application for review of the revocation is made to the AAT--at the end of the period within which such an application might be made; or

                     (b)  if such an application is made--at the time when the application is withdrawn, or finally determined, whether by the Tribunal or by a court.

             (7)  Nothing in this section affects the power of the Court under subsection 44A(2) of the AAT Act.

             (8)  A person whose interests are affected by the grant of PBR in a plant variety may apply to the Secretary, in writing, for the revocation of the right.

             (9)  A person whose interests are affected by the making of a declaration that a plant variety is essentially derived from another plant variety may apply to the Secretary, in writing, for a revocation of that declaration.

          (9A)  An application under subsection (8) or (9) is of no effect unless it is accompanied by the prescribed fee.

           (10)  If the Secretary decides not to revoke PBR in a plant variety in accordance with an application under subsection (8) or not to revoke a declaration of essential derivation in accordance with subsection (9), the Secretary must, within 7 days of making that decision, by notice in writing to the person who applied for the revocation, tell the person of the decision and set out the reasons for the decision.

Note:          A decision under this section to revoke, or refuse to revoke, PBR or a declaration of essential derivation is reviewable by the AAT under section 77.