3BBEssential derivation for non‑PBR protected varieties—opportunity to be heard

3BB Essential derivation for non‑PBR protected varieties—opportunity to be heard

Scope (1) This regulation is made for the purposes of subsection 41C(4) of the Act. When information is given in accordance with an opportunity to be heard (2) Information is given by an interested person in accordance with the person’s opportunity to be heard in relation to an application under section 41A of the Act for a declaration of essential derivation if: (a) the person gives the information: (i) in a written submission made in accordance with a request of the Registrar under paragraph (3)(a); or (ii) in the course of a hearing convened by the Registrar under subregulation (4); and (b) the person pays the fee (if any) prescribed under subsection 80(2) of the Act in relation to the opportunity to be heard; and (c) the person complies with any other requirements under this regulation. Notification to give written submissions or to appear at a hearing (3) The Registrar must, unless the interested person declines the opportunity to be heard by giving notice to the Registrar under paragraph 41C(6)(a) of the Act, give a notification to the interested person including any or all of the following: (a) a request to the interested person to give written submissions in relation to the application to the Registrar within a period, stated in the notification, of no less than 10 business days after the notification is given; (b) a statement that, on request to the Registrar, a hearing may be convened in relation to the application, beginning at a place, at a time and on a date determined by the Registrar by a further notification (a hearing notice) to the person no less than 10 business days after the hearing notice is given; (c) a statement (a hearing notice) that a hearing will be convened by the Registrar in relation to the application beginning at a notified time and place, and on a notified date no less than 10 business days after the notification is given.

Note: A hearing notice mentioned in paragraph (b) or (c) may include requirements for the interested person in relation to the hearing (see paragraph (5)(d) and subregulation (6)).

Hearings (4) The Registrar may convene a hearing in relation to the application as mentioned in paragraph (3)(b) or (c). (5) For the purposes of the hearing: (a) the interested person may appear in person, or participate by telephone or another means of telecommunication reasonably allowed by the Registrar; and (b) the Registrar may adjourn the hearing from time to time or from place to place by notice to each interested person taking part; and (c) the interested person must, if directed by the Registrar in a hearing notice, provide a written summary of submissions to be made at the hearing; and (d) the interested person must, if required by a hearing notice, take reasonable steps to do any of the following before or at the hearing: (i) perform an act; (ii) file a document; (iii) produce evidence; and (e) the interested person must comply with any reasonable directions of the Registrar in relation to practice and procedure during the hearing. (6) The Registrar may include a requirement for the purposes of paragraph (5)(d) in a hearing notice only if the Registrar reasonably believes it is necessary for the proper conduct of the hearing.