5.5.2 Compulsory Withdrawals

Date Published

Key Legislation

Plant Breeder’s Rights Act 1994:

  • s33 Withdrawal of application 

  • s34 Detailed description in support of application to be given to the Registrar 

  • s37 Test growing of plant varieties 

  • s77 Applications for review 

Overview

The Registrar may decide not to proceed further with an application for PBR under specific circumstances set forth in the Plant Breeder’s Rights Act 1994 (the Act). When the Registrar elects not to proceed further with an application for PBR that has not been granted, the application is taken to be withdrawn as set forth in s33 

When compulsory withdrawal may apply 

Compulsory withdrawal may apply when an applicant fails to provide a detailed description of the candidate variety to the Registrar as required by s34 following the acceptance of their application for PBR. Further details of compulsory withdrawals under circumstances relating to s34 are outlined in 5.3.2 Further Period to Submit Detailed Description 

 

The Registrar may also elect not to proceed further with an application when an applicant or representative acting on their behalf fails to comply with the requirements of a notification given under s37 relating to the test growing of plant varieties. In such cases, if the applicant or their representative does not provide a reasonable excuse, the Registrar may decide not to proceed further with the application and the application may be taken to be withdrawn as set forth in s33 

Review of the decision not to proceed further with an application 

Decisions not to proceed further with an application are reviewable by the Administrative Review Tribunal (ART) under s77 

Amended Reasons

Amended Reason Date Amended

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