Document ID: chunk:federal_register_of_legislation:C2024C00537:section:50:p2
Version: federal_register_of_legislation:C2024C00537
Segment Type: section
Provision Reference: s 50 (pt 2/2)
Character Range: 110207–112167

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 declaration that a plant variety is essentially derived from another plant variety takes effect:
 (a) if no application for review of the revocation is made to the ART—at the end of the period within which such an application might be made; or
 (b) if such an application is made—at the time when the application is withdrawn, or finally determined, whether by the ART or by a court.
 (7) Nothing in this section affects the power of:
 (a) the Federal Court, or a Judge of that Court, under subsection 178(2) of the ART Act; or
 (b) the Federal Circuit and Family Court of Australia (Division 2), or a Judge of that Court, under subsection 178(2) of the ART Act (as it applies because of subsection 179(4) of that Act).
 (8) A person whose interests are affected by the grant of PBR in a plant variety may apply to the Registrar, in writing, for the revocation of the right.
 (9) A person whose interests are affected by the making of a declaration that a plant variety is essentially derived from another plant variety may apply to the Registrar, in writing, for a revocation of that declaration.
 (9A) An application under subsection (8) or (9) is of no effect unless it is accompanied by the prescribed fee.
 (10) If the Registrar decides not to revoke PBR in a plant variety in accordance with an application under subsection (8) or not to revoke a declaration of essential derivation in accordance with subsection (9), the Registrar must, within 7 days of making that decision, notify the person who applied for the revocation of the decision and of the reasons for the decision.
Note: A decision under this section to revoke, or refuse to revoke, PBR or a declaration of essential derivation is reviewable by the ART under section 77.