SECTION OF THE PBR ACT

APPEALABLE DECISION TO AAT

BY

19(7)

Decision to grant a compulsory licence

Secretary

19(10)

Grant compulsory licensee access to the plant variety from a genetic resource centre

Secretary

19(11)

Certify at the time of grant that the new variety has no direct use as a consumer product

Secretary

21

Enter or not enter on the Register a person claiming to have had PBR transferred or assigned to them

Registrar

30

Accept or reject and application for PBR

Secretary

31

Accept or reject a variation to an application

Secretary

34(1)

Refusal to extend 12 mth time for a detailed description

Secretary

37

Requirement for a test growing

Secretary

37(2B)(b)

Decision not to further proceed with the application, objection or request for revocation if a person fails to comply

Secretary

38(4) or (5)

Decision in relation to overseas test growing

Secretary

39(2)

Revoke provisional protection

Secretary

40(8)(b)

More than 30 days not given for applicant to demonstrate that variety is not “essentially derived”

Secretary

40

To declare, or not to declare, a plant variety essentially derived

Secretary

41

Require a test growing for essential derivation

Secretary

44

Grant, or refuse to grant, PBR

Secretary

49(2)

Impose conditions on the grant of PBR

Minister

50

Revoke, or refuse to revoke, PBR or a declaration of essential derivation

Secretary