Commonwealth Numbered Acts

PLANT BREEDER'S RIGHTS ACT 1994 No. 110, 1994 - SECT 37

37.(1) If, in dealing with:

   (a)  an application for PBR that has been accepted; or

   (b)  an objection to such an application for PBR; or

   (c)  a request for revocation of PBR; the Secretary decides that there
        should be a test growing or a further test growing of the variety to
        which the application, objection or request relates, the Secretary
        must give written notice of that decision:

   (d)  to the person who made the application, objection or request; and

   (e)  in the case of an objection to an application for PBR - also to the
        applicant; and

   (f)  in the case of a request for revocation of PBR - also to the grantee.
        Note: A decision under this subsection to require a test growing is
        reviewable by the AAT under section 77.

(2) The notice, in addition to telling the person of the Secretary's decision:

   (a)  must specify the purpose of the test growing; and

   (b)  may require the person:

        (i)    to supply the Secretary with sufficient plants or sufficient
               propagating material of plants of the variety, and with any
               necessary information, to enable the Secretary to arrange a
               test growing; or

        (ii)   to make arrangements for an approved person to supervise the
               test growing, to supply the approved person with sufficient
               plants or propagating material to enable the test growing, to
               give the Secretary a copy of the records of observations made
               during the test growing and to certify the records of
               observations so provided; whichever the Secretary considers
               appropriate.

(3) If a notice under this section contains the requirement referred to in
subparagraph (2)(b)(i) and the applicant complies with the request, the
Secretary must arrange to have the variety concerned test grown.

(4) After completion of a test growing arranged by the Secretary, any
propagating material of the variety used in, or resulting from, the test
growing, that is capable of being transported must be delivered to the person
by whom propagating material of that variety was supplied for the purposes of
the test growing.

(5) All of the costs associated with a test growing must be paid:

   (a)  if it is conducted to deal with an application for PBR - by the
        applicant for PBR; or

   (b)  if it is conducted to deal with an objection to an application for PBR
        - by the objector; or

   (c)  if it is conducted to deal with a request for a revocation of PBR - by
        the person making the request.