Commonwealth Numbered Acts

PLANT BREEDER'S RIGHTS ACT 1994 No. 110, 1994 - SECT 77

77.(1) Applications may be made to the AAT for review of:

   (a)  a decision by the Minister under subsection 49(1); or

   (b)  a decision by the Secretary:

        (i)    under subsection 19(7) to exercise a power under subsection 
               19(3) ; or

        (ii)   under subsection 19(3) to license, or refuse to license, a
               person who applied to be so licensed in response to an
               invitation under paragraph 19(8)(c); or

        (iii)  under subsection 19(10) to make propagating material available;
               or

        (iv)   under subsection 19(11) to certify, or to refuse to certify, a
               plant variety; or

        (v)    under section 30 to accept or reject an application; or

        (vi)   under section 31 to vary, or refuse to vary, an application; or

        (vii)  under subsection 34(1) refusing to extend the period for giving
               a detailed description; or

        (viii) under section 37 to require a test growing; or

        (ix)   under subsection 38(4) to the effect that the Secretary is
               satisfied of the matters referred to in that subsection; or

   (x)  under subsection 38(5) to the effect that the Secretary is satisfied
        of the matters referred to in that subsection; or

        (xi)   under subsection 39(2) to issue a notice to an applicant; or

        (xii)  under paragraph 40(8)(b) refusing to extend the period for
               rebutting the prima facie case of essential derivation; or

        (xiii) under section 40 in respect of an application for a declaration
               of essential derivation; or

        (xiv)  under section 41 to require a test growing; or

        (xv)   under section 44 to grant, or refuse to grant, PBR in a plant
               variety; or

        (xvi)  under section 50 to revoke, or not to revoke, PBR in a plant
               variety or a declaration that a plant variety is essentially
               derived from another plant variety; or

   (c)  a decision of the Registrar under section 21 to amend, or refuse to
        amend, the Register.

(2) The AAT does not have power under subsection 29(7) of the AAT Act to
extend the time for making an application to that Tribunal for a review of a
decision referred to in subsection (1).

(3) The Secretary must give public notice of:

   (a)  any application made under subsection (1); and

   (b)  any decision of the AAT on such an application; and

   (c)  any decision of a court in relation to, or arising out of:

        (i)    such an application; or

        (ii)   a decision of the AAT on such an application.

(4) In this section:

"decision" has the same meaning as in the AAT Act.