SECTION |
ISSUE |
TIME TO COMPLY |
BY WHOM |
| 19(6)(b) |
Response to call for a compulsory licence |
30 days after receiving request from Secretary |
Grantee |
| 19(7)(b) |
Written notice of decision re a compulsory licence to grantee |
30 days after deciding |
Secretary |
| 19(8)(b) |
Application to be licences for compulsory licence |
30 days of publication of notice seeking licensees |
Potential licensees |
| 19(9)(b)(i) |
Write to applicants with name of proposed licensee |
One month before granting compulsory licence |
Secretary |
| 19(9)(b)(ii) |
Public notice of proposed licensee |
One month before granting compulsory licence |
Secretary |
| 21(1) |
Inform the Registrar of transfer of PBR to them |
30 days after transfer |
Claimant (person claiming the PBR has been transferred to them) |
| 21(3) |
Notify Claimant and transferor, assignor that claimant now entered on the Register as the holder of PBR |
30 days after entering on Register |
Registrar |
| 35 |
Lodge objection under s35 |
Not more than 6 months from date of public notice of the detailed description |
Person wishing to object |
| 37(2A) |
Respond to notice requiring test growing |
- Trees & vines - 2 years from date of service of notice
- Other - 12 months from date
|
Applicant |
| 40(8)(b) |
The applicant for PBR on a variety to be declared “essentially derived” to demonstrate that it is a new variety that is not “essentially derived” |
30 days or other period nominated by the Secretary |
Applicant in receipt of letter from Secretary |
| 41(5) |
If the Secretary requires a test growing to determine “essential derivation” in s40(8)(b) |
30 days after being informed of the results of the test growing |
Applicant in receipt of letter from Secretary |
| 44 (4) and (5) |
Grant or refusal to grant not to be made |
Until at least 6 months after giving public notice of the detailed description or of a variation to the description |
Secretary |
| 44(6) |
Respond to an objection under s35 |
30 days (or longer period as deemed reasonable by the Secretary) of a copy of objection given to applicant |
Applicant |
| 44(12) |
Refusal to grant, notify applicant with reasons |
Within 30 days of decision |
Secretary |
| 50(1)(b) |
Revocation if fee not paid |
within 30 days of notice that it is due |
Secretary |
50(3) |
Notify grantee of recipient of notice of essential derivation with reasons |
Within 7 days of making the decision |
Secretary |
50(4)(b)
50(5)(b) |
Response to notice of revocation |
30 days after being given particulars |
Grantee or assignee or holder of declaration of essential derivation |
