Document ID: chunk:federal_register_of_legislation:C2004A01085:clause:1_19
Version: federal_register_of_legislation:C2004A01085
Segment Type: clause
Provision Reference: sch 1 cl 19
Character Range: 8461–9425

19  After subsection 37(2)
Insert:

 (2A) A person to whom a notice is sent under this section must comply with the requirements of the notice:
 (a) in the case of trees and vines, or propagating materials of trees and vines—within 2 years from the date of service of the notice; 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 notice issued under this section, the Secretary may:
 (a) if the person is the grantee—revoke PBR, in the plant variety to which the notice 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 AAT under section 77.