Commonwealth Numbered Acts

PLANT BREEDER'S RIGHTS ACT 1994 No. 110, 1994 - SECT 21

21.(1) If a person (the "claimant") claims that PBR was assigned or
transmitted to the claimant, the claimant must inform the Registrar in writing
that the claimant has acquired that right, giving particulars of the manner in
which that right was acquired, within 7 days after acquiring that right.

(2) If the Registrar is satisfied that the right has been so assigned or
transmitted, the Registrar must amend the Register by entering the name of the
claimant as the holder of that right.

(3) If the Registrar enters the name of the claimant on the Register as the
holder of PBR, the Registrar must, within 7 days after entering the name, give
written notice to the claimant and to the person who was the holder before the
entry was made, stating that the entry has been made.

(4) If the Registrar is not satisfied that PBR has been assigned or
transmitted to the claimant, the Registrar must, as soon as possible:

   (a)  give written notice to the claimant:

        (i)    telling the claimant that the Registrar is not so satisfied;
               and

        (ii)   setting out the reasons why the Registrar is not so satisfied;
               and

   (b)  give written notice to the person entered on the Register as the
        holder of the right:

        (i)    setting out particulars of the information given by the
               claimant; and

        (ii)   telling the claimant that the Registrar is not so satisfied;
               and

        (iii)  setting out the reasons why the Registrar is not so satisfied.

(5) A claimant must include, in the notice to the Registrar informing of the
assignment or transmission, an address in Australia for the service of
documents in accordance with this Act. Note: A decision under this section to
amend or to refuse to amend the Register is reviewable by the AAT under
section 77.