Queensland Consolidated Acts

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BIODISCOVERY ACT 2004 - SECT 54

54 Using native biological material for biodiscovery without a benefit sharing agreement

(1) A person must not, unless the person is a party to a benefit sharing agreement, use native biological material for biodiscovery, if the material was taken from--

(a) State land or Queensland waters; or
(b) a State collection, if the material was taken or sourced from State land or Queensland waters.

Maximum penalty--the amount equal to the greater of the following--

(a) 5000 penalty units;
(b) the full commercial value of any commercialisation of the material.

(2) However, subsection (1) does not apply to a person who uses the material for carrying out only 1 or more of the following activities--

(a) classifying the material scientifically;
(b) verifying research results concerning the material;
(c) biodiscovery to which a benefit sharing agreement concerning the material applies, carried out for a person who is a party to the agreement.

(3) Also, subsection (1) does not apply to the use by an educational institution, or a person at the institution, for educational or training activities not involving commercialisation of the material.

(4) In this section--

educational institution means--

(a) a school, college, university or university college; or
(b) a TAFE institute, a statutory TAFE institute or a registered training organisation as defined under the Vocational Education, Training and Employment Act 2000.


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