| (1) | The registrar may reject an application for the recognition of a variety if it appears to him— |
| (a) | that the application does not comply with any provisions of this Act; |
| (b) | that the variety in respect of which the application is made— |
| (i) | has previously been recognised in terms of this Act or the Seeds Act, 1961 (Act No. 28 of 1961); |
| (ii) | does not comply with any provision of this Act; or |
| (iii) | does not belong to a kind of plant to which this Act applies; |
| (c) | that the applicant is not under this Act entitled to make the application; |
| (d) | that the application contains a material misrepresentation; |
| (e) | that the application fraudulently affects the rights of the holder of a plant breeder's right granted in terms of the Plant Breeders' Rights Act, 1976, or of the person to whom provisional protection has been granted in terms of that Act; |
| (f) | that the applicant refuses or has failed or is not able— |
| (ii) | to furnish a written undertaking or suitable guarantee referred to in section 18(4) after having been requested to do so; |
[Section 19 (1)(f) substituted by section 12 of Act No. 39 of 1983]
| (g) | that the propagation of the variety in question would require repeated use of plants or propagating material of another variety for which plant breeders' rights have been granted to or applied for by another person under the Plant Breeders' Rights Act, 1976, unless such plants are or such propagating material is used under a licence issued in terms of that Act; or |
| (h) | that the description submitted does not clearly describe the variety; or |
| (i) | that the provisions of section 18 have not been complied with at the filing of the application. |
[Section 19 (1)(i) inserted by section 15 of Act No. 25 of 1996]
| (2) | If the registrar rejects an application under subsection (1) or refuses an application under section 20(2), he shall advise the person who applied for recognition in writing of his decision and of the grounds on which it is based. |
