To be eligible for registration, a variety must be new or only recently exploited. It must be distinct (ie clearly distinguishable from any other variety whose existence is a matter of common knowledge), uniform, and stable. A variety is stable if its characteristics remain unchanged after repeated propagation. The applicant must demonstrate the newness of the variety by conducting a comparative growing trial, comparing the new variety with existing varieties. Further information about these criteria is available on the IP Australia website - www.ipaustralia.gov.au.

The Plant Breeders Rights Act requires that applications are to be made to the Secretary of the Department of Innovation, Industry, Science and Research but in fact all applications are handled by the Plant Breeders’ Rights Office at IP Australia. The application is to be made by the breeder. The ‘breeder’ may be the individual who has bred the plant variety, the employer of that person (eg a body like the CSIRO), or a person who has acquired ownership rights from the original breeder. The Registrar of Plant Breeders’ Rights (standing in for the Secretary) must decide as soon as possible after lodgment of the application whether to accept or reject it.

Note that acceptance of the application is not the same as registration, which can only take place after full examination of the plant variety. If the application is accepted, the applicant and the public will both be notified. At this point the plant variety has provisional protection against infringement, but the breeder cannot take infringement action until the final grant of the PBR. After the acceptance of the application, the applicant then has 12 months to decide whether to proceed further with the application, ie whether to seek a full examination of the material.

If the applicant decides to proceed, the applicant must provide, within twelve months, a detailed description of the plant variety. If the applicant fails to do so within this period, the application is taken to have been withdrawn. The description provided by the applicant will be notified to the public. If the plant variety is a species indigenous to Australia a specimen plant of the variety must be supplied to a specified herbarium.

It is a criminal offence to make a false statement in a PBR application and could result in 5 months gaol.

After a description is notified to the public, it is possible for a member of the public (on payment of a fee) to object to the application (see the IP Australia website www.ipaustralia.gov.au for details). Objections to PBR applications can only be lodged by individuals who consider that their commercial interests would be affected by the grant or that the application is inadequate. Objections must be lodged within six months after the public notice of the detailed description. Objections must detail how the person considers their commercial interests would be affected and the reasons why the PBR should not be granted.

If an objection is made, the applicant is entitled to answer that objection. The Office must give the applicant thirty days from the time the applicant receives an objection (or longer if the Office considers it reasonable in the circumstances) to provide an answer.

After examination of the final application, which now includes the detailed description, and after the outcome of any objections to the application is known, the decision may be made to grant the PBR to the applicant. This cannot take place until at least 6 months after public notice has been given of the detailed description.

If a grant is made, it will be evidenced by a Certificate issued to the grantee. The grant will also be entered on the Register of Plant Varieties.

Annual fees must be paid for the maintenance of a PBR (see above).

The fact that PBR has been granted does not mean that the grant cannot later be challenged. A PBR may be revoked if a person (whose interests are affected by the grant) can mount a convincing case that the grant should not have been made in the first place, for example because the plant variety in question did not really fulfil the criteria for registration. Other grounds are given in s 50 of the Act. The grantee will be given the opportunity to answer any challenge to the registration.

The Plant Varieties Journal is issued by IP Australia at least four times each year. Obligatory public notices of the type mentioned above, such as applications, objections, and grants, together with descriptions of plant varieties that are the subject of applications, are published in the Journal. This journal is available electronically from the department's website - www.ipaustralia.gov.au.

Anyone may inspect an application for plant breeders' rights in a plant variety, including objections lodged in respect of that application. On payment of a fee, anyone can have a copy of an application for PBR, of an objection to such an application, or of a detailed description of the plant variety.

All grants of plant breeders' rights must be entered in the Register of Plant Varieties. The information on the Register is intended to be publicly accessible. The Registrar may make it available on the Internet, or in any other way that will make it accessible to the public. Anyone can inspect the Register at any reasonable time and, on payment of the prescribed fee, be given a copy of an entry in the Register.