5.1.1 Centralised Testing Centres (CTC)

Also in this Chapter:

• 5.1.2 Pre-Examination Trial Agreement (PETA)
• 5.1.3 What to Expect During Field Examination

Key Legislation

Plant Breeder's Rights Act 1994:

• s37 Test growing of plant varieties

Plant Breeder's Rights Regulations 1994:

• reg 3A Authorised testing establishment

On this Page

• Overview
• Delegation
• Applications for Authorisation as a Centralised Testing Centre
• Steps in Authorising a CTC

Overview

Under regulation 3A of the Plant Breeder's Rights Regulations 1994, establishments may be officially authorised by the Registrar to conduct test growings as referenced in s37 of the Plant Breeder's Rights Act 1994. An authorised establishment is known as a Centralised Testing Centre (CTC). 

Delegation

Approval of a CTC can be made by a delegate, usually the Chief of PBR or the PBR Senior Examiner.

Applications for Authorisation as a Centralised Testing Centre

Applications are received by the Registrar for accreditation of an establishment as a Centralised Testing Centre.  There is no fee to obtain accreditation.

Establishments wishing to gain authorisation as a Centralised Testing Centre apply in writing addressing the Conditions and Selection Criteria outlined in the online Plant Varieties Journal (PVJ).

Steps in Authorising a CTC

1. For an establishment to be authorised as a CTC, the following conditions and criteria need to be met:

• Appropriate facilities: While in part determined by the genera being tested, all establishments must have facilities that allow the conduct and completion of moderate to large-scale scientific experiments without undue environmental influences. While again dependent on genera, a range of complementary testing and propagation facilities (e.g. outdoor, glasshouse, shadehouse, tissue culture stations) is desirable.
• Experienced staff: Adequately trained staff and access to appropriately accredited Qualified Persons (QPs), preferably with a history of successful PVR/PBR applications, will need to be available for all stages of the trial from planting to the presentation of the analysed data. These staff will require the authority to ensure timely maintenance of the trial. Where provided by the PBR office, the protocol and technical guidelines for the conduct of the trial must be followed.
• Substantial industry support: Normally the establishment will be recognised by a state or national industry society or association. This may include or be replaced by a written commitment from major nurseries or other applicants, who have a history of regularly making applications for PBR in Australia, to use the facility.
• Capability for long-term storage of genetic material: Depending upon the genus, a CTC must be in a position to make a long-term commitment to collect and maintain, at minimal cost, genetic resources of species as a source of comparative varieties. Applicants indicating a willingness to act as a national genetic resource centre (GRC) in perpetuity will be favoured.
• Contract testing for third parties: Unless exempted in writing by the PBR office, operators of a CTC must be prepared to test varieties submitted by a third party.
• Relationship between CTC and third parties: A formal arrangement between the CTC and any third party including fees for service will need to be prepared and signed before the commencement of the trial. It will include, among other things, how the plant material will be delivered (e.g. date, stage of development plant, condition etc); allowance for the applicant and/or their agent and QP to access the site during normal working hours; and provisions for the release of all trial data to the owners of the varieties included in the trial.
• One trial at a time: Unless exempted in writing by the PBR office, all candidates and relevant comparators should be tested in a single trial.
• One CTC per genus: Normally only one CTC will be authorised to test a genus. Special circumstances may exist (such as environmental factors or quarantine) to allow more than one CTC per genus, though a special case will need to be made to the PBR office. More than one CTC may be allowed for roses. One CTC may be authorised to test more than one genus.

2. If necessary, the delegate will communicate with the applicant to seek further information or clarification. 

3. Once satisfied that a decision can be made on the available information, the delegate will prepare a decision letter by amending the CTC decision letter template. Internal staff can view and download the template at 11.4.4 Field Examination and Field Examination Report - CTC Considerations and Authorising New CTC. The created letter is printed with a copy added to the CTC file, and the letter dispatched to the applicant. 

4 If the decision is made to authorise the establishment as a CTC, the delegate will update the table in Appendix 3 of the most recent Plant Varieties Journal (PVJ) with the details of the new CTC.