PLANT VARIETY RIGHTS ACT 1987 No. 2, 1987 - SECT 5 Extent of Act

PLANT VARIETY RIGHTS ACT 1987 No. 2, 1987 - SECT 5

5. Nothing in this Act requires or permits the grant of plant variety rights
in respect of a new plant variety unless-

   (a)  the origination of that new plant variety constituted an invention for
        the purposes of paragraph 51 (xviii) of the Constitution; or

   (b)  where Australia is a party to the Convention-the grant is appropriate
        to give effect to the obligations of Australia under the Convention.