Document ID: chunk:federal_register_of_legislation:C2024C00537:section:19:p2
Version: federal_register_of_legislation:C2024C00537
Segment Type: section
Provision Reference: s 19 (pt 2/2)
Character Range: 30068–32139

will so comply within a reasonable time.
 (7) The Registrar must, after considering the request and any statement given by the grantee in response to the invitation under paragraph (6)(b):
 (a) decide whether or not to exercise the power concerned; and
 (b) within 30 days after so deciding, notify the grantee, and the person making the request, of the decision.
Note: A decision under this subsection is reviewable by the ART under section 77.
 (8) If the Registrar proposes to exercise a power under subsection (3) in relation to a plant variety, the Registrar must give public notice:
 (a) identifying the variety; and
 (b) setting out particulars of any licence the Registrar proposes to grant; and
 (c) inviting persons to apply in writing to the Registrar, within 30 days of the publication of the notice, to be granted that licence.
 (9) The Registrar must not grant any such licence unless:
 (a) the Registrar has considered all applications made in response to the invitation; and
 (b) at least one month before granting any such licence, the Registrar has:
 (i) notified each such applicant of the name of the proposed licensee; and
 (ii) given public notice of the name of the proposed licensee.
 (10) If the Registrar:
 (a) has granted a person a licence to produce propagating material of plants of a particular variety; and
 (b) is satisfied that the person will be unable to obtain such propagating material at a reasonable price or without charge;
the Registrar may, on behalf of the grantee, make that propagating material available to the person from material stored at a genetic resource centre.
Note: A decision under this subsection to make propagating material available is reviewable by the ART under section 77.
 (11) This section does not apply in relation to a plant variety in respect of which the Registrar certifies, in writing, at the time of the grant of PBR, that he or she is satisfied that plants of that variety have no direct use as a consumer product.
Note: A decision under this subsection is reviewable by the ART under section 77.