Commonwealth Consolidated Acts

PLANT BREEDER'S RIGHTS ACT 1994 - SECT 42

             (1)  PBR must not be granted in any variety of plant in a taxon that the regulations declare to be a taxon to which this Act does not apply.

             (2)  The Governor‑General must not make a regulation for the purposes of subsection (1) unless the Governor‑General has been informed by the Minister that the Minister has considered advice given by the Advisory Committee in relation to the desirability of making the regulation.

             (3)  If:

                     (a)  a plant variety is a hybrid; and

                     (b)  each of the plant varieties from which it is derived is a plant variety included in a taxon to which this Act does not apply;

PBR must not be granted in the hybrid.