Commonwealth Consolidated Acts

PLANT BREEDER'S RIGHTS ACT 1994 - SECT 77

  (1)   Applications may be made to the ART for review of:

  (a)   a decision by the Minister under subsection   49(2); or

  (b)   a decision by the Registrar:

  (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

  (iva)   under section   21 to amend, or refuse to amend, the Register; 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

  (viiia)   under paragraph   37(2B)(b) not to proceed further with an application, objection or request for revocation; or

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

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

  (xi)   under subsection   39(2) to give a notification 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

  (xiiia)   under subsection   41A(5) to refuse to consider an application for a declaration of essential derivation; or

  (xiiib)   under subsection   41B(3) to publish, or not to publish, information in a notification under subsection   41B(1) or (2); or

  (xiiic)   under subsection   41D(1) to make, or to refuse to make, a declaration of essential derivation; or

  (xiiid)   under section   41E to conduct, or not to conduct, a test growing; 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

  (xvii)   under section   62A to rectify, or refuse to rectify, the Register.

  (1A)   If:

  (a)   the Registrar is taken to have made a decision (the initial decision ) under paragraph   76B(2)(a); and

  (b)   under subsection   (1) of this section, applications may be made to the ART for review of the initial decision; and

  (c)   the Registrar, under subsection   76B(3), substitutes a decision for the initial decision;

applications may be made to the ART for review of the substituted decision.

  (2)   The ART does not have power under subsection   19(2) of the ART Act to extend the time for making an application to that Tribunal under subsection   (1) or (1A) of this section for a review of a decision.

  (3)   The Registrar must give public notice of:

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

  (b)   any decision of the ART 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 ART on such an application.

  (4)   In this section:

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