Commonwealth Numbered Acts

PLANT VARIETY RIGHTS ACT 1987 No. 2, 1987 - SECT 24

24. (1) Where, in dealing with an application in respect of a plant variety,
the Secretary considers it necessary that there should be a test growing, or a
further test growing, of the variety-

   (a)  for the purpose of determining whether the plant variety is
        homogeneous or stable; or

   (b)  for the purpose of determining whether the variety will, if grown in
        Australia, have a particular characteristic, the Secretary shall give
        written notice to the applicant-

   (c)  stating that the Secretary considers that a test growing, or a further
        test growing, as the case may be, of the variety is necessary;

   (d)  specifying the purpose of the test growing; and

   (e)  requiring the applicant-

        (i)    to supply the Secretary with sufficient plants, or sufficient
               reproductive material of plants, of the variety, as the case
               requires, and with any necessary information, to enable the
               variety to be test grown for the purpose so specified; or

        (ii)   to have the variety test grown for the purpose so specified and
               to give the Secretary a copy of the records of observations
               made during the test growing,
whichever the Secretary deems appropriate, and, if the notice contains the
requirement referred to in sub-paragraph (e) (i) and the applicant complies
with the requirement, the Secretary shall arrange to have the variety test
grown.

(2) After the completion of the test growing of a plant variety arranged by
the Secretary, any plants or reproductive material of plants used in, or
resulting from, the test growing which are or is capable of being transported
shall be delivered to the applicant for plant variety rights in respect of
that plant variety.