Document ID: chunk:federal_register_of_legislation:C2021C00502:clause:1_28
Version: federal_register_of_legislation:C2021C00502
Segment Type: clause
Provision Reference: sch 1 cl 28
Character Range: 19681–20618

28  Subsection 41(1)
Repeal the subsection, substitute:
 (1) This section applies if:
 (a) an eligible person applies for a declaration under section 40 in relation to a plant variety (the initial variety) that another plant variety (the second variety) is essentially derived from the initial variety; and
 (b) in the course of that application the applicant establishes a prima facie case that the second variety is essentially derived from the initial variety.
 (1A) On the basis of information supplied by the applicant and the grantee of PBR in the second variety, the Registrar may decide that a test growing or further test growing is required to determine whether the prima facie case has been rebutted.
Note: A decision to require a test growing is reviewable by the AAT under section 77.
 (1B) The Registrar must notify the decision to each of the following:
 (a) the applicant;
 (b) the grantee of PBR in the second variety.