Commonwealth Numbered Acts

PRIMARY INDUSTRIES AND ENERGY LEGISLATION AMENDMENT ACT 1990 No. 134, 1990 - SECT 29

29. After section 17 of the Principal Act the following section is inserted:
Priority of certain breeders

"17A. (1) A person who:

   (a)  is the breeder of a new plant variety; and

   (b)  in a member State of the Union (other than Australia) within the
        meaning of the Convention, makes an application (in this section
        called the `foreign application') for all or any plant variety rights
        in respect of that variety; has priority for the purposes of this Act
        in respect of that variety during the period of 12 months commencing
        on the day after the day on which that application is made.

"(2) If:

   (a)  during that period of 12 months the person makes an application to the
        Secretary for protection under this Act in respect of that plant
        variety accompanied by a claim for priority in respect of the foreign
        application; and

   (b)  during that period but within 3 months of making that application, the
        person lodges with the Secretary a copy of the documents that
        constituted the foreign application certified to be a true copy of
        those documents by the authority that received the foreign
        application; the person has priority in respect of that plant variety
        during such additional period, commencing at the end of that period of
        12 months, as is prescribed.

"(3) If, during that additional period, the person provides the Secretary with
such particulars in relation to the plant variety as would be required if the
person were making an application under section 16, the person is taken to
have made an application under this Act for plant variety rights in respect of
that variety.".