9.2.1 Change of Agent

Date Published

Also in this Chapter:

Key Legislation

Plant Breeder's Rights Act 1994:

  • s31 Requests for variation of application
  • s72 Agents may act in matters relating to PBR

Plant Breeder's Rights Regulations 1994:

Note: Section 26(3) of the Plant Breeder’s Rights Act 1994 previously required that applicants residing overseas must appoint an agent to act on their behalf with regards to their application, or provide a postal address in Australia or New Zealand for the service of notices. 

However, s26(3) was registered as repealed from the Act on 12 September 2018 and no longer applies to PBR applications filed after this date. 

As noted in 4.2.2 Agent, there is no requirement for PBR applicants to nominate an agent to act on their behalf. However, applicants may wish to authorise an agent if they require assistance processing their application. The capacity of agents to act in matters relating to PBR is set forth in s72 of the Plant Breeder's Rights Act 1994. 

Generally, applicants will authorise an agent to act on their behalf through the Part 1 application form. However, in some cases the applicant may wish to either nominate an agent after their application has been accepted, or change or remove a previously nominated agent. 

Applicants make changes (variations) to a previously nominated agent, or nominate a new agent, after acceptance through completing and submitting an Authorisation of Agent form. Where there are multiple applicants for a single application for PBR, each applicant should complete a separate copy of the Authorisation of Agent form. All requests for variations to an agent must be submitted in written form and verbal requests cannot be actioned. 

Applicants may apply to make a variation to a previously nominated agent, or nominate a new agent, subject to the following time limits (s31(5)):

a) after the application for PBR has been accepted, but

b) before concluding examination of the application and the conclusion of any objection to the application. 

Applicants wishing to make changes to an agent or nominate a new agent must also pay the prescribed application variation fee set forth in Schedule 1 of the Plant Breeder's Rights Regulations 1994 for the Registrar to consider the requested variation (s31(6)). 

Guidance material for IP Australia staff processing requests for change of agent is available at 11.4.16 Variations - PBR Agent Change

Amended Reasons

Amended Reason Date Amended

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