Commonwealth Numbered Acts

PLANT VARIETY RIGHTS ACT 1987 No. 2, 1987 - SECT 53

53. (1) Applications may be made to the Administrative Appeals Tribunal for
review of-

   (a)  a decision of the Secretary under paragraph 18 (1) (b) rejecting an
        application;

   (b)  a decision of the Secretary to refuse to vary an application upon a
        request made under sub-section 19 (1) or (2);

   (c)  a decision of the Registrar under sub-section 20 (1) to allow, or
        refuse to allow, further time for the lodging of an objection;

   (d)  a decision of the Secretary to give a notice under sub-section 22 (2);

   (e)  a decision of the Secretary that the Secretary is satisfied, or not
        satisfied, of a matter for the purposes of paragraph 23 (b);

   (f)  a decision of the Secretary that the Secretary is satisfied, or not
        satisfied, of a matter for the purposes of paragraph 23 (c);

   (g)  a requirement by the Secretary under section 24;

   (h)  a decision of the Secretary to grant, or refuse to grant,
        plant variety rights under section 26;

   (j)  a decision of the Registrar to amend, or refuse to amend, the Register
        under section 31;

   (k)  a decision of the Secretary under sub-section 33 (2) or (8) to allow,
        or refuse to allow, further time for a delivery;

   (m)  a decision by the Minister to impose conditions under sub-section 34
        (1);

   (n)  a decision by the Secretary to revoke plant variety rights under
        section 35;

   (p)  a decision by the Secretary under sub-section 35 (8) not to revoke
        plant variety rights;

   (q)  a decision of the Secretary under sub-section 39 (7) to exercise a
        power under sub-section 39 (3);

   (r)  a decision of the Secretary to license a person under sub-section 39
        (3) or the refusal of the Secretary to license under that sub-section
        a person who applied to be so licensed in response to an invitation
        under paragraph 39 (8) (c);

   (s)  the determination by the Secretary of the terms and conditions of a
        licence in accordance with sub-section 39 (10); or

   (t)  a decision of the Secretary to make reproductive material of plants
        available under sub-section 39 (11).

(2) The Administrative Appeals Tribunal does not have power under sub-section
29 (7) of the Administrative Appeals Tribunal Act 1975 to extend the time for
making an application to that Tribunal for a review of a decision referred to
in paragraph (1) (q).

(3) The Secretary shall give public notice of-

   (a)  any application made under sub-section (1);

   (b)  any decision of the Administrative Appeals Tribunal 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 Administrative Appeals Tribunal on such an
               application.
(4) In sub-sections (1) and (2), "decision" has the same meaning as in the
Administrative Appeals Tribunal Act 1975.