PLANT VARIETY RIGHTS ACT 1987 No. 2, 1987 - SECT 19 Variation of application

PLANT VARIETY RIGHTS ACT 1987 No. 2, 1987 - SECT 19

19. (1) Where, after an application has been accepted and before it is
disposed of, the applicant requests the Secretary in writing to vary the
application, the Secretary may, in his or her discretion, vary the application
in accordance with the request.

(2) Where, after an application has been accepted and before it is disposed
of, the right of the applicant to make the application is assigned
ortransmitted to another person, that person shall forthwith request the
Secretary, in writing, to vary the application so that that person is shown as
the person making the application and the Secretary, if he or she is satisfied
that that right has been so assigned or transmitted, shall so vary the
application.

(3) Where the Secretary complies with a request under sub-section (1) or (2)
to vary an application, the Secretary shall forthwith give written notice to
the person who made the request stating that the application has been varied
in accordance with the request.

(4) Where the Secretary rejects a request under sub-section (1) or (2) to vary
an application, the Secretary shall forthwith give written notice to the
person who made the request stating that the request has been rejected and
setting out the grounds for the rejection.

(5) Where the Secretary complies with a request under sub-section (2) to vary
an application so that a person who claims to have been assigned the right to
make the application is shown as the person making the application, the
Secretary shall forthwith give written notice of particulars of the variation
to the person who was the applicant before the variation was made.

(6) Where the Secretary rejects a request under sub-section (2) to vary an
application so that a person who claims to have been assigned the right to
make the application would be shown as the person making theapplication, the
Secretary shall forthwith give written notice to the applicant-

   (a)  setting out particulars of the request;

   (b)  stating that the request has been rejected; and

   (c)  setting out the grounds for the rejection.

(7) Where an application is varied in pursuance of a request under sub-section
(1) in a manner that the Secretary considers to be significant, or is varied
under sub-section (2), the Secretary shall forthwith give public notice of
particulars of the variation.

(8) A request by a person under sub-section (2) shall give an address in
Australia for the service of documents on the person for the purposes of this
Act and-

   (a)  where the Secretary complies with the request and the address so given
        is different from the address contained in the application in
        accordance with paragraph 16 (m)-the Secretary shall vary the
        application so that the address so given is shown as the address for
        the service of documents on the applicant for the purposes of this
        Act; or

   (b)  where the Secretary rejects the request-the notice to that person
        under sub-section (4) shall be given by being posted by pre-paid post
        as a letter addressed to the person at the address so given.