But the DNA-testing company has ordered laboratories across Australia to stop tests for a genetic mutation in genes linked to breast cancer, a test for which it holds patent licences.

The company's laboratory in Melbourne must instead carry out the tests, it was reported yesterday.

The competition watchdog is investigating whether this contravenes the law.

Health Minister Nicola Roxon said she was surprised by the company's move. ''It comes after a statement in 2003 to the Australian Stock Exchange by the company that it was gifting the test to the nation,'' she said. ''I recognise that there are legitimate concerns held by members of the community about these actions, focused around access to services and research.''

The genes, known as BRCA1 and BRCA2, are linked to up to 10 per cent of breast cancer cases.

Jan Murphy, of Macarthur, decided to lower her risk of getting breast cancer after 11 women on her mother's side of the family died from the disease.

When she developed breast lumps at the age of 26, she decided to have her breast tissue removed.

The test to find out whether she had inherited the genetic mutation was not around at the time, but it was when her daughter, Kate, developed breast lumps when she was 26. She made the same decision as her mother after her test came back inconclusive.

Mrs Murphy said she met many mothers who had had breast cancer and wanted their daughters to be tested to see if they were likely to have it, too. ''It gives women a choice as to whether they want to have their breast tissues removed and or keep them and be monitored.''

Mrs Murphy said she was very disappointed a company could control who did the test.

She hoped advances in technology would make things easier for her granddaughter when she was older.

Genetic Technologies chief executive Michael Ohanessian said patients who cancer clinics deemed as high risk would continue to not have to pay for the test.

He said the Government would not be charged any more for the tests to be conducted by their laboratories and the company would not hold information back from researchers.

''The one thing I think will be noticed is if Genetic Technologies performs more of this testing for the cancer clinics, then the time taken for a result to be produced will be shortened,'' Mr Ohanessian said.

He would not comment on whether the test should be patentable subject matter.

Cancer Council Australia spokesman Graeme Suthers said there were fundamental problems with patenting genetic sequences.

''DNA is human, biological material and the technology for its identification should not constitute a patentable inventive step,'' he said.

Australian National University patent law expert Luigi Palombi said, ''All of a sudden we're going to see that it will be much more difficult for scientists ... to actually undertake research in improving the diagnostic value of this genetic test.''