Commonwealth Numbered Acts

PLANT BREEDER'S RIGHTS ACT 1994 No. 110, 1994 - SECT 34

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taken to have been withdrawn.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.