Commonwealth Consolidated Acts

PLANT BREEDER'S RIGHTS ACT 1994 - SECT 15

                   If:

                     (a)  propagating material of a plant variety covered by PBR is produced or reproduced without authorisation of the grantee; and

                     (b)  the grantee does not have a reasonable opportunity to exercise the grantee's rights in relation to the propagating material; and

                     (c)  material is harvested from plants grown from the propagating material but the grantee does not have, in the circumstances set out in section 14, a reasonable opportunity of exercising the grantee's rights in the harvested material; and

                     (d)  products are made from the harvested material;

section 11 operates as if those products were propagating material.