Protection of New Plant Varieties Act 2004 · Updated to 1 Jan 2006 · Part VII · Appeals
45. Appeal Board
Feedback & supportUpon receipt of an appeal under section 44, the Minister shall refer the matter to an Appeal Board.
Minister
“Minister” means the Minister charged with the responsibility for plant varieties;
The Appeal Board shall consist of the following members:
the Secretary General of the Ministry of Agriculture and
Agro-based Industry, who shall be the Chairman;
the Secretary General of the Ministry of Science, Technology and Innovations;
the Secretary General of the Ministry of Plantation
Industries and Commodities;
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the Permanent Secretary of the Ministry of Agriculture and Food Industry of Sarawak; and
the Permanent Secretary of the Ministry of Agriculture,
Sabah.
At the meetings of the Appeal Board, three members shall constitute a quorum.
If for any reason the Chairman is unable to attend the meeting of the Appeal Board, the members present shall elect from among themselves a member to preside over the meeting and the member elected shall exercise the powers of the Chairman for the duration of that meeting and shall be deemed to be the
Chairman for the purposes of that meeting.
The Appeal Board may regulate its own procedure at the hearing of any such appeal and shall not be bound by any law or rule of practice relating to the admissibility of evidence.
The Appeal Board shall consider the appeal and make recommendations to the Minister.