Commonwealth Consolidated Acts

PLANT BREEDER'S RIGHTS ACT 1994 - SECT 10

                   Nothing in this Act requires or permits the granting of PBR in a plant variety unless:

                     (a)  if Australia is a party to the Convention--the grant is appropriate to give effect to the obligations of Australia under the Convention; or

                     (b)  the breeding of the plant variety constitutes an invention for the purpose of paragraph 51(xviii) of the Constitution.