PLANT VARIETY RIGHTS ACT 1987 No. 2, 1987 - SECT 43 Jurisdiction of Court

PLANT VARIETY RIGHTS ACT 1987 No. 2, 1987 - SECT 43

43. (1) The Court has jurisdiction with respect to matters arising under this
Act in respect of which actions or proceedings may, under this Act, be
instituted in that court and that jurisdiction is exclusive of the
jurisdiction of all other courts, other than the jurisdiction of the High
Court under section 75 of the Constitution.

(2) The relief that the Court may grant in an action or proceeding for
infringement of plant variety rights includes an injunction (subject to such
terms, if any, as the court thinks fit) and, at the option of the plaintiff,
either damages or an account of profits.

(3) The Court may refuse to award damages, or to make an order for an account
of profits, against a person in respect of an infringement of plant
variety rights in relation to a plant variety if the person satisfies the
court that, at the time of the infringement, the person was not aware, and had
no reasonable grounds for suspecting, that plant variety rights existed in
relation to that plant variety.

(4) The regulations may make provision for and in relation to the practice and
procedure of the Court in actions or proceedings under this Act, including
provision prescribing the time within which any action or proceeding may be
instituted, or any other act or thing may be done, and providing for the
extension of any such time.

(5) Sub-section (4) shall not be read as limiting the power of the Judges of
the Court or a majority of them to make rules of Court under section 59 of the
Federal Court of Australia Act 1976 not inconsistent with the regulations
referred to in that sub-section.