| (1) | The registrar shall consider every application for the recognition of a variety and all documents and any other proof submitted to him in connection therewith in order to ascertain whether the application complies with the requirements of this Act. |
| (2) | The registrar shall, in order to enable him or her to determine whether a variety may be recognised— |
| (a) | undertake or cause to be undertaken such tests and trials as he or she may deem necessary with a variety in respect of which an application is being considered under subsection (1); or |
| (b) | use the results of tests and trials undertaken with that variety and obtained by him or her in terms of an agreement referred to in section 15A(a). |
[Section 18 (2) substituted by section 14(a) of Act No. 25 of 1996]
| (3) | A person whose application is being considered shall, for the purposes of such tests and trials and at the time and place determined by the registrar— |
| (a) | subject to the provisions of subsection (4), pay the appropriate prescribed examination fee; and |
| (b) | furnish the registrar— |
| (ii) | with such specimens of plants of the variety or of such parts thereof as he may require; and |
| (iii) | with such information in connection with the variety as he may require. |
| (4) | If the registrar for the purposes of the consideration of an application in terms of subsection (1), decides to use the results referred to in paragraph (b) of subsection (2)— |
| (a) | the costs incurred in obtaining the results shall be reimbursed to the registrar by the person whose application is being considered; and |
| (b) | the registrar may, before taking any steps, require that person to furnish a written undertaking or suitable guarantee for the reimbursement of such costs. |
| (a) | The person whose application for the recognition of a variety is being considered shall furnish the registrar within 12 months from the filing of the application with everything required by the registrar in terms of this section for the examination of the application for the recognition of a variety, including, where applicable— |
| (i) | plants and propagating material for the undertaking of tests and trials; |
| (ii) | any information, documents or other proof; and |
| (iii) | written undertakings or suitable guarantees for the reimbursement of costs. |
| (b) | The date of the application shall be deemed to be the day on which the final requirements for the consideration of the application are received by the registrar. |
[Section 18 (5) inserted by section 14(b) of Act No. 25 of 1996]
| (a) | The registrar may in writing on application grant extension from compliance with subsection (5) for a specified period of time. |
| (b) | An application for extension shall be submitted to the registrar in writing and shall set out reasons why extension should be granted. |
[Section 18 (6) inserted by section 14(b) of Act No. 25 of 1996]
[Section 18 substituted by section 11 of Act No. 39 of 1983]
