Commonwealth Consolidated Acts

PLANT BREEDER'S RIGHTS ACT 1994 - SECT 49

             (1)  The Minister may, if the Minister thinks it necessary, in the public interest, refer to the Plant Breeder's Rights Advisory Committee the question whether a grant of PBR, whether proposed or made, should be subject to conditions.

             (2)  The Minister may, having regard to the views of the Plant Breeder's Rights Advisory Committee on a matter referred under subsection (1), impose such conditions on PBR that is to be granted or that has been granted as the Minister considers appropriate.

             (3)  If the Minister imposes conditions on PBR:

                     (a)  the Secretary must give public notice of those conditions and give the grantee a copy of the instrument setting them out; and

                     (b)  the Registrar must enter details of those conditions in the Register.

Note:          A decision under this section by the Minister to make a grant subject to conditions is reviewable by the AAT under section 77.