Commonwealth Consolidated Acts

PLANT BREEDER'S RIGHTS ACT 1994 - SECT 12

                   Subject to section 23, if:

                     (a)  PBR is granted to a person in a plant variety (the initial variety ); and

                     (b)  PBR is granted to another person in another plant variety; and

                     (c)  the Secretary makes a declaration, on application by the first‑mentioned person, that the other plant variety is an essentially derived variety from the initial variety;

the right granted in the initial variety extends, with effect from the date of the declaration, to that other plant variety.