Commonwealth Numbered Acts

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PLANT BREEDER'S RIGHTS ACT 1994 No. 110, 1994 - SECT 35

Objection to application for PBR
35.(1) Any person who considers, in relation to an application for PBR in a
plant variety that has been accepted:

   (a)  that his or her commercial interests would be affected by the grant of
        that PBR to the applicant; and

   (b)  that the Secretary cannot be satisfied, in relation to that
        application, of a matter referred to in a paragraph of
        subsection 26(2) or in subparagraph 44(1)(b)(i), (ii), (iii), (iv),
        (v), (vi), (vii) or (viii); may lodge a written objection to the grant
        of PBR with the Secretary at any time after the giving of that public
        notice of acceptance of the application and before the end of the
        period of 6 months starting with the public notice of that detailed
        description.

(2) An objection must set out:

   (a)  particulars of the manner in which the person considers his or her
        commercial interests would be affected; and

   (b)  the reasons why the person considers that the Secretary cannot be
        satisfied of a matter referred to in paragraph (1)(b).

(3) The Registrar must give a copy of the objection to the applicant. 


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