Commonwealth Numbered Acts

PLANT VARIETY RIGHTS ACT 1987 No. 2, 1987 - SECT 35

35. (1) The Secretary shall revoke the plant variety rights in respect of a
plant variety if-

   (a)  the Secretary becomes satisfied that the plant variety was not a new
        plant variety or that facts exist which, if known before the grant of
        those rights, would have resulted in the refusal of the grant; or

   (b)  the grantee has failed to pay a prescribed fee payable in respect of
        those rights within one month after having been given notice, as
        prescribed, that that fee has become payable.

(2) The Secretary may revoke the plant variety rights in respect of a plant
variety if the Secretary is satisfied that-

   (a)  the grantee has failed to comply, in relation to those rights, with
        the condition imposed by section 33 or with any condition imposed
        under section  34 ; or

   (b)  a person to whom those rights have been assigned or transmitted has
        failed to comply with section 31.

(3) Where the Secretary revokes plant variety rights in respect of a plant
variety in accordance with this section, the Secretary shall, within 7 days
after the decision was taken, give written notice of the revocation to the
grantee setting out the grounds for the revocation.

(4) The Secretary shall not revoke plant variety rights in accordance with
this section unless and until the Secretary has given the grantee and any
person to whom, the Secretary believes, those rights have been assigned or
transmitted particulars of the grounds for the proposed revocation and given
the grantee and any such person a reasonable opportunity to make a written
submission to the Secretary in relation to the proposed revocation.

(5) The revocation of plant variety rights in respect of a plant variety in
accordance with this section takes effect-

   (a)  subject to paragraph (b), at the expiration of the period within which
        an application may be made to the Administrative Appeals Tribunal for
        a review of the revocation; or

   (b)  if such an application is made to the Administrative Appeals
        Tribunal-at the time when the application is withdrawn or finally
        determined, whether by the Tribunal or by a court.

(6) Nothing in this section shall be taken to affect the powers of the Federal
Court under sub-section 44A (2) of the Administrative Appeals Tribunal  Act
1975 where an appeal is instituted in that court from a decision of the
Administrative Appeals Tribunal in respect of an application referred to in
paragraph (5) (b).

(7) Any person whose interests are affected by the grant of plant variety
rights in respect of a plant variety may apply to the Secretary for the
revocation of those rights in accordance with this section.

(8) The Secretary shall consider any application made under sub-section (7)
for the revocation of plant variety rights and, if the Secretary decides not
to revoke the rights, the Secretary shall, within 7 days after the decision
was taken, give written notice of the decision to the applicant setting out
the grounds for the decision.