Commonwealth Consolidated Acts

PLANT BREEDER'S RIGHTS ACT 1994

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Short title [see Note 1]  
   2.      Commencement [see Note 1]  
   3.      Definitions  
   4.      Definition of essentially derived varieties  
   5.      Definition of breeding  
   6.      Genetic modification  
   8.      Approved persons  
   9.      Act to bind Crown  
   9A.     Application of the Criminal Code  
   10.     Extent of Act  

   PART 2--PLANT BREEDER'S RIGHT

   11.     General nature of PBR  
   12.     Extension of PBR to cover essentially derived varieties  
   13.     Extension of PBR to cover certain dependent plant varieties  
   14.     Extension of PBR to harvested material in certain circumstances  
   15.     Extension of PBR to products obtained from harvested material in certain circumstances  
   16.     Certain acts done for private, experimental or breeding purposes do not infringe PBR  
   17.     Conditioning and use of farm saved seed does not infringe PBR  
   18.     Restriction on grantee's rights in certain circumstances  
   19.     Reasonable public access to plant varieties covered by PBR  
   20.     PBR is personal property  
   21.     Registrar must be notified of an assignment of PBR  
   22.     Duration of PBR  
   23.     Exhaustion of PBR  

   PART 3--APPLICATION FOR PLANT BREEDER'S RIGHT

           Division 1--The making of the application

   24.     Right to apply for PBR  
   25.     Right to apply for PBR is personal property  
   26.     Form of application for PBR  
   27.     Names of new plant varieties  
   28.     Applications to be given priority dates  
   29.     Priority dates arising from foreign application  
   30.     Acceptance or rejection of applications  
   31.     Requests for variation of application  
   32.     Notification of decisions on requests to vary application  
   33.     Withdrawal of application  

           Division 2--Dealing with the application after its acceptance

   34.     Detailed description in support of application to be given to Secretary  
   35.     Objection to application for PBR  
   36.     Inspection of applications and objections  
   37.     Test growing of plant varieties  
   38.     Characteristics of plant varieties bred or test grown outside Australia  

           Division 3--Provisional protection

   39.     Provisional protection  

           Division 4--Essential derivation

   40.     Applications for declarations of essential derivation  
   41.     Test growing associated with applications for declarations of essential derivation  

   PART 4--THE GRANT AND REVOCATION OF PLANT BREEDER'S RIGHT

           Division 1--Grant of Plant Breeder's Right

   42.     PBR not to be granted in excluded varieties  
   43.     Registrable plant varieties  
   44.     Grant of PBR  
   45.     Grant of PBR to be exclusive  
   46.     Grant of PBR to be entered on Register  
   47.     Notice of grant of PBR  
   48.     Effect of grant of PBR  
   49.     PBR may be subject to conditions  

           Division 2--Revocation of Plant Breeder's Right or declaration of essential derivation

   50.     Revocation of PBR  
   51.     Entry of particulars of revocation  
   52.     Surrender of PBR  

   PART 5--ENFORCEMENT OF PLANT BREEDER'S RIGHT

   53.     Infringement of PBR  
   54.     Actions for infringement  
   55.     Declarations as to non-infringement  
   56.     Jurisdiction of Court  
   57.     Innocent infringement  

   PART 6--ADMINISTRATION

   58.     Registrar of Plant Breeder's Rights  
   59.     Delegation  
   60.     Certain persons not to acquire PBR  
   61.     Register of Plant Varieties  
   62.     Inspection of Register  

   PART 7--PLANT BREEDER'S RIGHTS ADVISORY COMMITTEE

   63.     Establishment of Advisory Committee  
   64.     Membership of Advisory Committee  
   65.     Remuneration and allowances  
   66.     Disclosure of interests  
   67.     Meetings  

   PART 8--MISCELLANEOUS

   68.     Public notices  
   69.     Notices inviting submissions in respect of certain regulations  
   70.     Genetic resource centres  
   71.     The herbarium  
   72.     Agents may act in matters relating to PBR  
   73.     Service of documents  
   74.     Infringement offences  
   75.     Offences other than infringement offences  
   76.     Conduct by directors, servants and agents  
   76A.    Doing act when PBR office reopens after end of period otherwise provided for doing act  
   77.     Applications for review  
   78.     Repeal  
   79.     Compensation for acquisition of property  
   80.     Regulations  

   PART 9--TRANSITIONAL

   81.     Definitions  
   82.     Plant variety rights under old Act to be treated as PBR under this Act  
   83.     Applications for plant variety rights lodged and criminal proceedings begun before commencing day  
   84.     Other applications and proceedings under old Act  
   85.     Transitional arrangements for membership and functions of Advisory Committee  
   86.     Register of Plant Varieties