•	Facts exist that if they had been know at the time the rights were granted, the grant would not have been made
	•	Grantee has failed to pay a fee within 30 days of being notified that it is due.

	•	The Registrar has not been informed of an assignment of the rights under Section 21.
	•	The grantee has failed, without reasonable excuse, to comply with a notice under Section 37
	•	The grantee has failed to comply with a condition under Section 49.

•

the Secretary has given the grantee, or any person to whom the Secretary believes that right has been assigned or transmitted, particulars of the grounds of the proposed revocation and 30 days to respond.

The revocation of PBR or a Declaration of Essential Derivation takes effect:

	•	if no application for review of the revocation is made to the Administrative Appeals Tribunal (AAT)—at the end of the period within which such an application might be made (Section 29(2) AAT Act); or
	•	if such an application is made—at the time when the application is withdrawn, or finally determined, whether by the Tribunal or by a court.

Nothing in this section affects the power of the Court under subsection 44A(2) of the Administrative Appeals Tribunal Act:

	44A(2) Where an appeal is instituted in the Federal Court of Australia from a decision of the Tribunal, that Court or a Judge of that Court may make such order or orders staying or otherwise affecting the operation or implementation of either or both of the following:
	•	(a) the decision of the Tribunal or a part of that decision; and
	•	(b) the decision to which the proceeding before the Tribunal related or a part of that decision;
	as that Court or Judge considers appropriate for the purpose of securing the effectiveness of the hearing and determination of the appeal.

Go to Section 3.11 Administrative Appeals Tribunal

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