- Home
- 1. Recent Changes
- 2. About this Manual, Quality, and Customer Engagement
- 2.1. Using This Manual
- 2.2 Customer Engagement, Quality Management and Timeliness
- 2.3 Procedures for Updating This Manual
- 3. PBR Process Maps
- 4. Part 1 - Application for PBR and Acceptance
- 4.1 Scope and Nature of Plant Breeder's Rights
- 4.2 Roles in a PBR Application
- 4.3 Form an application must take
- 4.4 Variety Denomination
- 4.5 Prior Sales
- 4.6 Priority
- 4.7 Acceptance or Rejection of PBR Application
- 4.7.1 Prima Facie Case for Breeding of the New Variety
- 4.7.2 Prima Facie Case for Distinctness of the New Variety
- 4.7.3 Breeding Process of the New Variety
- 4.8 Provisional Protection
- 5. Part 2 - Dealing With the Application After its Acceptance
- 5.1 DUS Test Growing in Australia
- 5.1.1 Centralised Testing Centres (CTC)
- 5.1.2 Pre-Examination Trial Agreement (PETA)
- 5.1.3 What to Expect During Field Examination
- 5.2 Overseas DUS Test Reports
- 5.3 Detailed Variety Description
- 5.3.1 IVDS Submissions
- 5.3.2 Further Period to Submit Detailed Description
- 5.3.3 Part 2 Forms and ACRA, GRC Submission
- 5.3.4 Ceasing of Provisional Protection
- 5.4 Public Comments
- 5.5 Withdrawals
- 5.6 Grant or Refusal
- 5.7 Revocation of PBR
- 5.8 Offer to Surrender
- 5.9 Expiry of Plant Breeder's Rights
- 6. Register of Plant Varieties
- 7. Essentially Derived Varieties (EDVs)
- 8. Qualified Persons (QPs)
- 9. Variations and Prescribed Fees
- 10. PBR System User Guides
5.5.2 Compulsory Withdrawals
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elects not to proceed further with an application for PBR that has not been granted, the application is taken to be withdrawn as set forth in s33.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
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