Plant Breeder's Rights Regulations 1994

For the purposes of conducting a test growing of a plant variety under section 37 of the Act, the Registrar may authorise, in writing, an establishment to conduct the test growing.

An establishment may be authorised only if the Registrar is satisfied that it is capable of conducting a test growing of a variety in a manner appropriate to give effect to the obligations of Australia under the Convention.

The Registrar must notify the operator of the establishment of:

the Registrar’s decision whether to authorise the establishment; and

if the decision is a refusal—the reasons for that decision.

Subject to the Administrative Review Tribunal Act 2024, application may be made to the Administrative Review Tribunal for review of a decision of the Registrar to refuse to authorise an establishment.