Document ID: chunk:federal_register_of_legislation:C2024C00537:section:37:p1
Version: federal_register_of_legislation:C2024C00537
Segment Type: section
Provision Reference: s 37 (pt 1/2)
Character Range: 58566–61289

37  Test growing of plant varieties
 (1) If, in dealing with:
 (a) an application for PBR that has been accepted; or
 (b) an objection to such an application for PBR; or
 (c) a request for revocation of PBR;
the Registrar decides that there should be a test growing or a further test growing of the variety to which the application, objection or request relates, the Registrar:
 (d) must notify that decision:
 (i) to the person who made the application, objection or request; and
 (ii) in the case of an objection to an application for PBR—also to the applicant; and
 (iii) in the case of a request for revocation of PBR—also to the grantee; and
 (e) may also notify that decision to any other person whom the Registrar considers appropriate if the test growing or further test growing is a comparative test growing.
Note: A decision under this subsection to require a test growing is reviewable by the ART under section 77.
 (2) The notification, in addition to telling the person of the Registrar's decision:
 (a) must specify the purpose of the test growing; and
 (b) may require the person:
 (i) to supply the Registrar with sufficient plants or sufficient propagating material of plants of the variety, and with any necessary information, to enable the Registrar to arrange a test growing; or
 (ii) to make arrangements for an approved person to supervise the test growing, to supply the approved person with sufficient plants or propagating material to enable the test growing, to give the Registrar a copy of the records of observations made during the test growing and to certify the records of observations so provided;
  whichever the Registrar considers appropriate.
 (2A) A person to whom a notification is given under this section must comply with the requirements of the notification:
 (a) in the case of trees and vines, or propagating materials of trees and vines—within 2 years from the date the notification is given; and
 (b) in the case of other species of plant or propagating materials of other species of plant—within 12 months from that date.
 (2B) If a person, without reasonable excuse, fails to comply with the requirements of a notification given under this section, the Registrar may:
 (a) if the person is the grantee—revoke PBR, in the plant variety to which the notification relates, under section 50; or
 (b) if the person made an application, objection or request—decide not to further proceed with the application, objection or request for revocation.
Note: A decision not to further proceed with the application, objection or request for revocation is reviewable by the ART under section 77.
 (3) If a notification under this section contains the requirement referred to in subparagraph