Commonwealth Consolidated Acts

PLANT BREEDER'S RIGHTS ACT 1994 - SECT 28

             (1)  The Secretary must ensure that each application for PBR is given a priority date.

             (2)  The priority date is, unless section 29 applies in relation to the application, the date on which the application was lodged with the Secretary or, if another date is determined under the regulations for the application, the date determined.

             (3)  If 2 or more applications are made for PBR in the same plant variety, the Secretary must first consider the application having the earlier priority date.