Commonwealth Numbered Acts

AGRICULTURE, FISHERIES AND FORESTRY LEGISLATION AMENDMENT ACT (NO. 1) 1999 NO. 4, 1999 - SCHEDULE 5--Amendment

1 Subsection 3(1)

Insert:

plant class , for the purpose of variety denomination, means a class consisting of all plants:

(a) that belong to a single botanical genus; or

(b) that belong to a group of closely related genera;

2 Subsection 3(1)

Insert:

Union means the Union for the Protection of New Varieties of Plants as defined in Article 1 of the Convention.

3 Paragraph 27(5)(a)

After "another plant variety", insert "of the same plant class".

4 Subparagraphs 53(1)(c)(i) and (ii)

Repeal the subparagraphs, substitute:

(i) any other plant variety of the same plant class; or

(ii) a plant of any other variety of the same plant class.

Insert:

(1A) The Registrar must maintain, for the purposes of this Act, a list of all plant classes to be known as the Registrar's List of Plant Classes.

(1B) In maintaining that list the Registrar must, for so long as the Union maintains the document presently known as the List of Classes for Variety Denomination Purposes, have regard to that list and to any variations to that list as so maintained.

(1C) The list maintained by the Registrar must be kept as a part of the Register.

6 At the end of section 62

Add:

(3) For the purposes of subsection (2), a reference to an entry in the Register does not include a reference to the Registrar's List of Plant Classes or to any part of that list.

[ Minister's second reading speech made in--

House of Representatives on 3December 1998

Senate on 8 March 1999 ]

(230/98)