Document ID: chunk:federal_register_of_legislation:C2024C00537:section:50:p1
Version: federal_register_of_legislation:C2024C00537
Segment Type: section
Provision Reference: s 50 (pt 1/2)
Character Range: 107793–110426

50  Revocation of PBR
 (1) The Registrar must revoke PBR in a plant variety or a declaration that a plant variety is essentially derived from another plant variety if:
 (a) the Registrar becomes satisfied that facts existed that, if known before the grant of that right or the making of that declaration, would have resulted in the refusal to grant that right or make that declaration; or
 (b) the grantee has failed to pay a fee payable in respect of that right or of that declaration within 30 days after having been given notice that the fee has become payable.
 (2) The Registrar may revoke PBR in a plant variety if:
 (a) the Registrar is satisfied that a person to whom that right has been assigned or transmitted has failed to comply with section 21; or
 (aa) the Registrar is satisfied that the grantee, without reasonable excuse, has failed to comply with the requirements of a notification under section 37; or
 (b) the Registrar is satisfied that the grantee has failed to comply with a condition imposed under section 49.
 (3) If the Registrar revokes PBR in a plant variety or a declaration that a plant variety is essentially derived from another plant variety, the Registrar must, within 7 days after the decision to revoke was taken, notify the decision, and the reasons for the decision, to the grantee of the right that has been revoked or to the grantee of the right that was affected by the giving of the declaration of essential derivation.
Note: For declarations of essential derivation, see sections 40 and 41D.
 (4) The Registrar must not revoke PBR under this section unless:
 (a) the Registrar has given the grantee, or any person to whom the Registrar believes that right has been assigned or transmitted, particulars of the grounds of the proposed revocation; and
 (b) the grantee or that other person has had 30 days after being given those particulars to make a written statement to the Registrar in relation to the proposed revocation.
 (5) The Registrar must not under this section, revoke a declaration that a plant variety is essentially derived from another plant variety (the initial variety) unless:
 (a) the Registrar has given the grantee of PBR in the initial variety, or any person to whom the Registrar believes that that PBR has been assigned or transmitted, particulars of the grounds of the proposed revocation of that declaration of essential derivation; and
 (b) the grantee or that other person has had 30 days after being given those particulars to make a written statement to the Registrar in relation to the proposed revocation.
 (6) The revocation of PBR in a plant variety or of a