Document ID: chunk:federal_register_of_legislation:C2024C00537:section:37:p2
Version: federal_register_of_legislation:C2024C00537
Segment Type: section
Provision Reference: s 37 (pt 2/2)
Character Range: 61030–62923

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 (2)(b)(i) and the applicant complies with the request, the Registrar must arrange to have the variety concerned test grown.
 (4) After completion of a test growing arranged by the Registrar, any propagating material of the variety used in, or resulting from, the test growing, that is capable of being transported must be delivered to the person by whom propagating material of that variety was supplied for the purposes of the test growing.
 (5) All of the costs associated with a test growing must be paid:
 (a) if it is conducted to deal with an application for PBR—by the applicant for PBR; or
 (b) if it is conducted to deal with an objection to an application for PBR:
 (i) by the applicant for PBR, where the test growing shows that there are valid reasons for the objection; or
 (ii) by the objector, in any other case; or
 (c) if it is conducted to deal with a request for revocation of PBR:
 (i) by the grantee, where the test growing shows that there are valid reasons for the request; or
 (ii) by the person making the request, in any other case.
 (6) If a contracting party, or a national or an organisation of a contracting party, requests the Registrar to conduct in Australia a test growing of a plant variety, the Registrar may decide to conduct the test growing as so requested.
 (7) If the Registrar decides to conduct a test growing under subsection (6), subsections (1), (2), (3), (4) and (5) apply to such test growing as if:
 (a) the person or organisation requesting the test growing under subsection (6) was an applicant for PBR; and
 (b) the test growing had been decided on in relation to that application.