Document ID: chunk:federal_register_of_legislation:C2024C00537:section:77:p1
Version: federal_register_of_legislation:C2024C00537
Segment Type: section
Provision Reference: s 77 (pt 1/2)
Character Range: 144157–146864

77  Applications for review
 (1) Applications may be made to the ART for review of:
 (a) a decision by the Minister under subsection 49(2); or
 (b) a decision by the Registrar:
 (i) under subsection 19(7) to exercise a power under subsection 19(3); or
 (ii) under subsection 19(3) to license, or refuse to license, a person who applied to be so licensed in response to an invitation under paragraph 19(8)(c); or
 (iii) under subsection 19(10) to make propagating material available; or
 (iv) under subsection 19(11) to certify, or to refuse to certify, a plant variety; or
 (iva) under section 21 to amend, or refuse to amend, the Register; or
 (v) under section 30 to accept or reject an application; or
 (vi) under section 31 to vary, or refuse to vary, an application; or
 (vii) under subsection 34(1) refusing to extend the period for giving a detailed description; or
 (viii) under section 37 to require a test growing; or
 (viiia) under paragraph 37(2B)(b) not to proceed further with an application, objection or request for revocation; or
 (ix) under subsection 38(4) to the effect that the Registrar is satisfied of the matters referred to in that subsection; or
 (x) under subsection 38(5) to the effect that the Registrar is satisfied of the matters referred to in that subsection; or
 (xi) under subsection 39(2) to give a notification to an applicant; or
 (xii) under paragraph 40(8)(b) refusing to extend the period for rebutting the prima facie case of essential derivation; or
 (xiii) under section 40 in respect of an application for a declaration of essential derivation; or
 (xiiia) under subsection 41A(5) to refuse to consider an application for a declaration of essential derivation; or
 (xiiib) under subsection 41B(3) to publish, or not to publish, information in a notification under subsection 41B(1) or (2); or
 (xiiic) under subsection 41D(1) to make, or to refuse to make, a declaration of essential derivation; or
 (xiiid) under section 41E to conduct, or not to conduct, a test growing; or
 (xiv) under section 41 to require a test growing; or
 (xv) under section 44 to grant, or refuse to grant, PBR in a plant variety; or
 (xvi) under section 50 to revoke, or not to revoke, PBR in a plant variety or a declaration that a plant variety is essentially derived from another plant variety; or
 (xvii) under section 62A to rectify, or refuse to rectify, the Register.
 (1A) If:
 (a) the Registrar is taken to have made a decision (the initial decision) under paragraph 76B(2)(a); and
 (b) under subsection (1) of this section, applications may be made to the ART for review of the initial decision; and
 (c) the Registrar, under subsection 76B(3), substitutes a decision for the