| UNDERSTANDING PBR HOME > 3. THE REGULATORY FRAMEWORK > 3.6 CONDITIONS OF GRANT > Page 3.6 |
 3.6 CONDITIONS ON GRANT Normally a grant of Plant Breeder's Rights does not contain any conditions other than those set out in the Plant Breeder's Rights Act 1994. However, under Section 49 of the PBR Act the Minister may seek the advice of the Plant Breeder's Rights Advisory Committee (established under Section 63 of the PBR Act) in relation to imposing conditions on the grant of PBR for a particular variety. After considering the advice from the PBR Advisory Committee, the Minister may impose the conditions he or she thinks necessary either at the time of grant or on an existing PBR grant. To ensure that this provision is only used when absolutely in the public interest, only the Minister can impose conditions - not the Secretary or the Registrar. An additional safeguard is that the Minister must first seek the views of the PBR Advisory Committee. A decision to impose conditions is appellable to the AAT (see Section 3.11 of this Guide). If conditions are imposed the Secretary must give public notice (in the Plant Varieties Journal) and the Registrar must enter the conditions on the Register.
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