44. Any person who is aggrieved by the decision of the Board with regard to —
(a) the rejection of an application for the registration of a new plant variety and grant of a breeder's right;
(b) the grant of a compulsory licence under subsection 36(1);
(c) the royalty to be paid under subsection 36(4);
(d) the termination of a compulsory licence under section 38;
(e) the revocation of a breeder's right;
(f) the terms and conditions in respect of the surrender of a breeder's right; or
(g) the assignment or transmission of a breeder's right,
may, within thirty days after being informed in writing of the decision of the Board appeal in writing against such decision to the Minister.
45. (1) Upon receipt of an appeal under section 44, the Minister shall refer the matter to an Appeal Board.
(2) The Appeal Board shall consist of the following members:
(a) the Secretary-General of the Ministry of Agriculture and Agro-based Industry, who shall be the Chairman;
(h) the Secretary-General of the Ministry of Science, Technology and Innovations;
(c) the Secretary-General of the Ministry of Plantation Industries and Commodities;
(d) the Permanent Secretary of the Ministry of Agriculture and Food Industry of Sarawak: and
(e) the Permanent Secretary of the Ministry of Agriculture, Sabah.
(3) At the meetings of the Appeal Board, three members shall constitute a quorum.
(4) 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.
(5) 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.
(6) The Appeal Board shall consider the appeal and make recommendations to the Minister.
Decision of the Minister
46. The decision of the Minister shall be final and the person making the appeal shall be informed in writing of the decision.
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