Commonwealth Consolidated Acts

PLANT BREEDER'S RIGHTS ACT 1994 - SECT 62A

  (1)   The Registrar may rectify the Register if the Registrar is satisfied, whether on application or otherwise, of any of the following:

  (a)   the omission of an entry from the Register;

  (b)   an entry made in the Register without sufficient cause;

  (c)   an entry wrongly existing in the Register;

  (d)   an error or defect in an entry in the Register.

Form of application

  (2)   An application under subsection   (1) must be in the approved form.

Further information

  (3)   The Registrar:

  (a)   may seek further information from any person for the purpose of considering an application under subsection   (1); and

  (b)   is not required to consider the application while seeking the further information.

Persons to be heard

  (4)   The Registrar must not rectify the Register under this section in relation to PBR in a plant variety without first giving the following persons a reasonable opportunity to be heard:

  (a)   in the case of an application to rectify the Register--the applicant;

  (b)   the grantee of the PBR as recorded in the Register;

  (c)   any other person the Registrar considers appropriate.

Relevant proceedings pending

  (5)   The Registrar must not rectify the Register under this section in relation to PBR in a plant variety while:

  (a)   relevant proceedings in relation to the PBR are pending; or

  (b)   proceedings in a court or in the ART, relating to a decision under section   21 to amend, or refuse to amend, the Register in relation to the PBR, are pending.

Note:   A decision under this section to rectify, or refuse to rectify, the Register is reviewable by the ART under section   77.