Commonwealth Numbered Acts

PLANT BREEDER'S RIGHTS ACT 1994 No. 110, 1994 - SECT 39

39.(1) When an application for PBR in a plant variety is accepted, the
applicant is taken to be the grantee of that right for the purposes of Part 5
from the day the application is accepted until:

   (a)  the application is disposed of; or

   (b)  if the Secretary gives the applicant a notice under subsection (2) -
        the notice is disposed of; whichever occurs first.

(2) If the Secretary is satisfied in relation to an application for PBR in a
plant variety, that:

   (a)  PBR will not be granted or is unlikely to be granted to the applicant;
        or

   (b)  the applicant has given an undertaking to a person (whether or not for
        consideration) not to commence proceedings for infringement of the
        right of which the applicant is deemed to be the grantee; the
        Secretary may notify the applicant, in writing, that this section will
        cease to apply to that variety on a day specified in the notice
        unless, before that time the applicant has made a submission to the
        Secretary providing reasons why this section should not cease to
        apply. Note: A decision under this subsection to notify an applicant
        is reviewable by the AAT under section 77.

(3) For the purposes of paragraph (1)(b) a notice referred to in that
paragraph is not taken to be disposed of until:

   (a)  the end of the period within which application may be made to the AAT
        for a review of the giving of the notice; or

   (b)  if such an application is made to the AAT - the application is
        withdrawn or finally determined, whether by the AAT or a court.

(4) As soon as practicable after a person ceases to be taken to be the grantee
of PBR under this section, the Secretary must give public notice that the
person has ceased to be so taken.

(5) Nothing in this section affects the powers of the Federal Court under
subsection 44A(2) of the AAT Act where an appeal is begun in that Court from a
decision of the AAT.

(6) A person who is taken to be the grantee of PBR in a plant variety is not
entitled to begin an action or proceeding for an infringement of that right
occurring during the period when the person is so taken unless and until that
right is finally granted to the person under section 44.