9.4.1 Fees and Discounts

Also in this Chapter:

• 9.4.2 Copies of Documents/Objections

Key Legislation:

Plant Breeder's Rights Act 1994:

• s37(6), (7), (8) Test growing of plant varieties

Plant Breeder's Rights Regulations 1994:

• reg 5 Refund and remission of fees in specified circumstances
• Schedule 1 - Fees Item 6

Related Chapters:

• 11.4.8 Fees and Discounts

On this Page

• Overview
• Centralised Testing Centres (CTCs)
• Multiple application discount
• Additional Considerations - CTC Partial Examination Fee Refund (Overpayment)

Overview

The examination fee is payable on lodgement of a detailed description under section 34 of the Plant Breeder’s Rights Act 1994. The applicable examination fees are prescribed in Schedule 1 of the Plant Breeder’s Rights Regulations 1994.

The applicable fee depends on how the examination is conducted:

• Standard examination fee applies where DUS is based solely on an overseas DUS test report, or where a trial conducted in Australia is not eligible for a discounted examination fee.

• Authorised establishment (CTC) fee applies where the trial is conducted at an authorised establishment, also known as a Centralised Testing Centre (CTC), in accordance with the Regulations.

• Multiple application fee applies where multiple varieties are tested simultaneously at the same site in Australia and the applicable conditions in item 6(c) of Schedule 1 of the Regulations are met.

Refer to Schedule 1 of the Plant Breeder’s Rights Regulations 1994 for the current prescribed examination fee amounts and applicable conditions.

Note: IP Australia implemented changes to PBR fees on 1 October 2024. Customers and IP Australia staff should review existing records of payment carefully to ensure any refunds to fees paid are correct. 

In practice, an examination fee invoice is issued 11 months after acceptance and is payable 12 months after acceptance. An invoice is also issued when IP Australia receives a detailed description.

In some cases, if a plant variety has been held in quarantine post entry biosecurity, IP Australia may adjust the timeframe above to when the variety was released. Evidence of the quarantine hold is required before any such exceptions are granted. 

Examiners will confirm the fee payable during the grant assessment. No action is needed if the correct examination fee has been paid. IP Australia will request any shortfall or, where a discount applies to a full-fee payment, may issue a partial refund.

The table below compares the examination fees payable per application across the relevant payment periods.

Centralised ​​​​​​​Testing Centres (CTCs)

According to Regulation 3A, an establishment may be authorised to conduct a test growing of a variety under section 37. An authorised testing establishment is a Centralised Testing Centre (CTC). A list of currently registered CTCs is provided in Appendix 3 of the latest issue of the Plant Varieties Journal. 

If DUS testing is conducted at a CTC and the amount paid exceeds the prescribed fee, the Registrar will refund the excess.

If testing is conducted at a location not listed in Appendix 3 of the latest Plant Varieties Journal and the amount paid is less than the prescribed fee, IP Australia will request the outstanding amount.

Multiple application discount

For multiple applications, the prescribed fee under item 6(c) may apply if the examination of two or more varieties is undertaken in a way that delivers efficiencies and reduces the overall cost of examination for IP Australia while also meeting the below requirements:
 

1. are tested simultaneously at the same site in Australia under section 37 to establish that the varieties are distinct, uniform and stable; and

2. have a complete application and detailed description lodged on the same day by the same approved person (QP), the same applicant or the same agent of the applicant.

When assessing eligibility for “tested simultaneously at the same site in Australia”, IP Australia will consider the circumstances of the examinations as a whole, including whether the varieties were examined as part of a coordinated examination activity and whether this reduced the travel, accommodation, examiner time, or other resources that would otherwise have been required.

The following examples illustrate the types of circumstances that may be considered. They do not guarantee that a discount will apply in any particular case.

• An examiner travels to Perth and examines two varieties at different trial sites during the same trip, avoiding the need for a separate visit.

• Multiple potato varieties are examined during a single trip to a testing location over several days, resulting in one examination visit rather than multiple separate trips.

• Several varieties are examined at neighbouring trial sites as part of the same examination program, allowing the examinations to be completed efficiently during a coordinated visit.

When assessing eligibility for "a complete application and detailed description lodged on the same day", IP Australia will consider where eligible varieties have the below documents submitted on the same day:

• a detailed description submitted through IVDS (for descriptions submitted prior to July 2026) or the QP Portal; and

• Part 2 forms including Part 2 Application, QP Certification and GRC form.
   

The diagram below outlines the assessment process and possible scenarios.

Additional Considerations - CTC Partial Examination Fee Refunds (Overpayment)

In July 2022, IP Australia informed customers that they may be entitled to a partial examination fee refund if they conducted their trial at an authorised Centralised Testing Centre (CTC) any time after 1996.

All applicants that used a CTC authorised for their plant species were entitled to a discounted examination fee but may have been charged the full fee. For more information about what happened, and why certain customers were affected, customers should refer to the Doing Business With Us page under the heading “Fee refunds, waivers and exemptions”.​​​​​​​

Customers should email the PBR mailbox via pbr@ipaustralia.gov.au to request a refund if required. When submitting the request, customers should provide proof of examination fee payment and evidence that testing was conducted by a CTC for the variety that is the subject of the refund request.

Refunds will only be made to a person or entity that was the applicant at the time the examination fee was paid (or their current Agent). A current Agent representing the PBR applicant/owner will need to provide a letter of authorisation from the applicant/owner to request a refund on their behalf.