Queensland Consolidated Acts

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BIODISCOVERY ACT 2004 - SECT 35

35 Conditions of agreement

(1) It is a condition of a benefit sharing agreement that the only commercialisation activities the biodiscovery entity, with whom the agreement is made, may carry out are the activities detailed in the entity's current approved biodiscovery plan.

(2) It is also a condition of the agreement that the entity must not allow someone else to use any of the native biological material the subject of the agreement for biodiscovery, unless the other person is--

(a) acting for the entity; or
(b) a person mentioned in section 54(2)(a), (b) or (c) or (3); or
(c) a party to a benefit sharing agreement concerning the material.

(3) Subsections (1) and (2) do not limit any other conditions that may be included in the agreement under section 34(2).



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