31Requests for variation of application

#### 31 Requests for variation of application (1) If: (a) after an application for PBR in a plant variety has been accepted; but (b) before concluding the examination of that application (including the subsequent detailed description of that variety) and of any objection to the application; the right of the applicant to apply for PBR in a particular plant variety is assigned to, or has been transmitted by will or operation of law to, another person, that other person may request the Registrar, in writing, to vary the application so that that other person is shown as the applicant. (2) If the Registrar is satisfied that the right to apply for PBR in a particular plant variety has been assigned to, or has been transmitted by will or operation of law to, to a particular person, the Registrar must vary the application so that that person is shown as the applicant. (3) A request by a person under subsection (1) must give an address in Australia or New Zealand for the service of documents on the person for the purposes of this Act. > Note: After the time specified in regulations made for the purposes of subsection 3(2), the address may be an electronic address: see subsections 3(2), (5) and (6). (4) If the Registrar complies with a request under subsection (1) and the address for the service of documents that is given in connection with that request is different from the address contained in the application as the address for service of documents on the applicant, the Registrar must vary the application so that the address so given is shown as the address for service of documents on the applicant. (5) If: (a) after an application for PBR in a plant variety has been accepted; but (b) before concluding the examination of that application (including the subsequent detailed description of that variety) and of any objection to the application; the applicant requests the Registrar, in writing, to vary the application in any other respect other than that referred to in subsection (1), the Registrar may, in his or her discretion, vary the application in accordance with the request. (6) Despite the previous provisions of this section, the Registrar is not obliged or permitted to vary an application in response to a request under this section unless the person making the application for the variation has paid to the Commonwealth the application variation fee that is prescribed for the purposes of this section. > Note: A decision under this section to vary or to refuse to vary an application is reviewable by the ART under section 77.