WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IPIN/I/ AUSIP/2 
12 June 1997 
(97-2414) 
Original: English! 
anglais/ 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
Australia 
The present document reproduces' the Plant Breeder's Rights Actl as notified by Australia under 
Article 63.2 of the Agreement (see document IP/N/1/AUS/1IRev.1). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTA TIONS CONSACREES 
A LA PROPRIETE INTELLECTUELLE NOTIFIEES 
AU TITRE DE L' ARTICLE 63:2 DE L' ACCORD 
Australie 
Le present document contient le texte' de la Loi sur les droits des obtenteurs2, notifiee par l' Australie 
au titre de l'article 63:2 de l'Accord (voir le document IP/N/1/AUSlllRev.1). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS DE CONFORMIDAD CON EL 
PARRAFO 2 DEL ARTICULO 63 DEL ACUERDO 
Australia 
En el presente documento se reproduce' la Ley de Derechos de los Mejoradores de Plantas2 notificada 
por Australia de conformidad con el parrafo 2 del articulo 63 del Acuerdo (vease el documento 
IP/N/1/ AUS/1IRev.1). 
'In English only/anglais seulementlingles solamente. 
1be present document also contains the text of the now repealed Plant Variety Rights Act 1987, and amendments thereto, which, as 
Australia notified by a communication dated 13 May 1997, is still relevant in some situations under the transitional Arrangements of the 
Plant Breeder's Rights Act 1994.1Le presentdocumentcontient aussi le texte de la Loi de 1987 sur Ies droits concernant Ies varietes vegetales, 
aujourd'hui abrogee, et de ses amendements qui, comme I' Australie l'a indique dans une communication datee du 13 mai 1997, est encore 
applicable dans certains cas en vertu des dispositions transitoires prevues dans la Loi de 1994 sur Ies droits des obtenteUIs.1El presente documento 
tambien contiene eI texto de la ahora derogada Ley de Derechos relativos alas Variedades Vegetales de 1987, Y sus modificaciones, la cual, 
segful notific6 Australiaenuna comunicaci6nde feeha 13 de mayo de 1997 , se aplica alin en algunas situacionesen eI marco de Ias disposiciones 
de transici6n de la Ley de Derechos de Ios Mejoradores de Plantas de 1994. IP/N/l! AUS/P/2 
Page 2 
Section 
1. 
2. 
3. 
4. 
5. 
6. 
7. 
8. 
9. 
10. -I, AUSTRALIA & 
--~)'I~' .• ' ilf/Lt1....1J:. 
/ /~"" ..... 
Plant Breeder's Rights Act 1994 
Short title 
Commencement 
Definitions No. 110 of 1994 
TABLE OF PROVISIONS 
PART 1-PRELlMINARY 
Definition of essentially derived varieties 
Definition of breeding 
Genetic modification 
Approved forms 
Approved persons 
Act to bind Crown 
Extent of Act 
70481 Cat. No. 94 5035 0 TABLE OF PROVISIONS-continued 
Section IP/N/l! AUS/P/2 
Page 3 
PART 2-PLANT BREEDER'S RIGHT 
11. General nature of PBR 
12. Extension of PBR to cover essentially derived varieties 
13. Extension of PBR to cover certain dependent plant varieties 
14. Extension of PBR to harvested material in certain circumstances 
15. Extension of PBR to products obtained from harvested material in certain 
circumstances 
16. Certain acts done for private, experimental or breeding purposes do not infringe 
PBR 
17. Conditioning and use of faIm saved seed does not infringe PBR 
18. Other acts that do not infringe PBR 
19. Reasonable public access to plant varieties covered by PBR 
20. PBR is personal property 
21. Registrar must be notified of an assignment of PBR 
22. Duration of PBR 
23. Exhaustion of PBR 
PART 3-APPLICATION FOR PLANT BREEDER'S RIGHT 
Division i-The making of the application 
24. Right to apply for PBR 
25. Right to apply for PBR is personal property 
26. FOIm of application for PBR 
27. Names of new plant varieties 
28. Applications to be given priority dates 
29. Priority dates arising from foreign application 
30. Acceptance or rejection of applications 
31. Requests for variation of application 
32. Notification of decisions on requests to vary application 
33. Withdrawal of application 
Division 2-Dealing with the application after its acceptance 
34. Detailed description in support of application to be given to Secretary 
35. Objection to application for PBR 
36. Inspection of applications and objections 
37. Test growing of plant varieties 
38. Characteristics of plant varieties bred or test grown outside Australia 
Division 3-Provisional protection 
39. Provisional protection 
Division 4-Essential derivation 
40. Applications for declarations of essential derivation 
41. Test growing associated with applications for declarations of essential derivation 
PART 4-THE GRANT AND REVOCATION OF PLANT BREEDER'S 
RIGHT 
Division i-Grant of Plant Breeder's Right 
42. PBR not to be granted in excluded varieties 
43. Registrable plant varieties IP/N/l! AUS/P/2 
Page 4 
TABLE OF PROVISIONS-continued 
Grant ofPBR Section 
44. 
45. 
46. 
47. 
48. 
49. Grant of PBR to be exclusive 
Grant of PBR to be entered on Register 
Notice of grant of PBR 
Effect of grant of PBR 
PBR may be subject to conditions 
Division 2-Revocation of Plant Breeder s Right or declaration of essential 
derivation 
50. Revocation of PBR 
51. Entry of particulars of revocation 
52. Surrender of PBR 
PART 5-ENFORCEMENT OF PLANT BREEDER'S RIGHT 
53. Infringement of PBR 
54. Actions for infringement 
55. Declarations as to non-infringement 
56. Jurisdiction of Court 
57. Innocent infringement 
PART 6-ADMINISTRATION 
58. Registrar of Plant Breeder's Rights 
59. Delegation 
60. Certain persons not to acquire PBR 
61. Register of Plant Varieties 
62. Inspection of Register 
PART 7-PLANT BREEDER'S RIGHTS ADVISORY COMMlITEE 
63. Establishment of Advisory Committee 
64. Membership of Advisory Committee 
65. Remuneration and allowances 
66. Disclosure of interests 
67. Meetings 
PART 8-MISCELLANEOUS 
68. Public notices 
69. Notices inviting submissions in respect of certain regulations 
70. Genetic resource centres 
71. The herbarium 
72. Agents may act in matters relating to PBR 
73. Service of documents 
74. Infringement offences 
75. Offences other than infringement offences 
76. Conduct by directors, servants and agents 
77. Applications for review 
78. Repeal 
79. Compensation for acquisition of property 
80. Regulations Section 
81. Definitions TABLE OF PROVISIONS-continued 
PART 9-TRANSITIONAL IP/N/l! AUS/P/2 
Page 5 
82. Plant variety rights under old Act to be treated as PBR under this Act 
83. Applications for plant variety rights lodged and criminal proceedings begun before 
commencing day 
84. Other applications and proceedings under old Act 
85. Transitional arrangements for membership and functions of Advisory Committee 
86. Register of Plant Varieties 
SCHEDULE 
CONVENTION IPINIl! AUSIP12 
Page 6 
Plant Breeder's Rights Act 1994 
No. 110 of 1994 
An Act to provide for the granting of proprietary rights to 
breeders of certain new varieties of plants and fungi, to 
repeal the Plant Variety Rights Act 1987, and for related 
purposes 
[Assented to 5 September 1994] 
The Parliament of Australia enacts: 
PART I-PRELIMINARY 
Short title 
1. This Act may be cited as the Plant Breeder's Rights Act 1994. 
5 Commencement 
2.(1) Subject to subsection (2), the provisions of this Act commence on 
a day to be fixed by Proclamation. IPINIl! AUSIP/2 Plant Breeder's Rights No. 110, 1994 Page 7 
(2) If a provision of this Act does not commence under subsection (1) 
within the period of 6 months commencing on the day on which this Act 
receives the Royal Assent, it commences on the first day after the end of that 
period. 
Definitions 5 
3.(1) In this Act, unless the contrary intention appears: 
"AAT" means the Administrative Appeals Tribunal; 
"AAT Act" means the Administrative Appeals Tribunal Act 1975; 
"Advisory Committee" means the Plant Breeder's Rights Advisory 
Committee established by section 63; 10 
"applicant", in relation to an application, means the person currently shown 
in the application as the person making the application; 
"application" means an application under section 24 for PBR in a plant 
variety to which this Act extends; 
"breeder", in relation to a new pla~t variety, means: 15 
(a) subject to paragraph (c), if the variety was bred by one person 
only-the person; or 
(b) subject to paragraph (c), if the variety was bred by 2 or more persons 
(whether jointly or independently and whether at the same time or 
different times)-each of those persons; or 20 
(c) if the variety was bred: 
(i) by a person in the course of performing duties or functions as 
a member or employee of a body (whether incorporate or 
unincorporate); or 
(ii) by 2 or more persons in the course of performing duties as a 25 
member or employee of such a body; 
the body of which that person or each of those persons is a member or 
employee; 
and includes any person or body that is the successor in title to the person 
referred to in paragraph (a), to any of the persons referred to in paragraph (b) 30 
o~he body referred to in paragraph (c); 
"conditioning", in relation to propagating material of a plant variety, 
means: 
(a) cleaning, coating, sorting, packaging or grading of the material; or 
(b) any other similar treatment; 35 
undertaken for the purpose of preparing the material for propagation or sale; 
"contracting party" means a State, or an intergovernmental organisation, 
that is a party to the Convention; 
"Convention" means the International Convention for the Protection of 
New Varieties of Plants, a copy of the English text of which is set out in the 40 
Schedule; IP/N/l! AUS/P/2 
Page 8 
Plant Breeders Rights No. 110. 1994 
"Court" means the Federal Court of Australia; 
"dependent plant variety", in relation to another plant variety in which a 
person holds PBR in Australia, means a plant variety over which PBR in the 
other plant variety extends under section 13; 
5 "essential characteristics", in relation to a plant variety, means heritable 
traits that are determined by the expression of one or more genes, or other 
heritable determinants, that contribute to the principal features, performance 
or value of the variety; 
"genetic resource centre" means a place that the Secretary declares to be 
10 a genetic resource centre under subsection 70(1); 
"grantee": 
(a) in relation to PBR in a plant variety-means the person currently 
entered on the Register as the holder of that right in that variety; and 
(b) in relation to PBR in a plant variety declared to be an essentially 
15 derived variety of another plant variety-includes the person 
currently entered on the Register as the holder of that right in relation 
to that other plant variety; 
"herbarium" means the organisation that the Secretary declares to be the 
herbarium under section 71; 
20 "hybrid" means a plant that is a combination of 2 or more genotypes of the 
same or different taxa but excluding a combination comprising a scion 
grafted on to a root stock; 
"member" means a member of the Advisory Committee and includes the 
Registrar; 
25 "PBR", in a plant variety, means the plant breeder's right specified in 
section 11; 
"PBR", in respect of a plant variety registered in another contracting party, 
means a plant breeder's right corresponding to the right specified in 
section 11 conferred under the law of that contracting party; 
30 "plant" includes all fungi and algae but does not include bacteria, 
bacteroids, mycoplasmas, viruses, viroids and bacteriophages; 
"plant variety" means a plant grouping (including a hybrid): 
(a) that is·contained within a single botanical taxon of the lowest known 
rank; and 
35 (b) that can be defined by the expression of the characteristics resulting 
from the genotype of each individual within that plant grouping; and 
(c) that can be distinguished from any other plant grouping by the 
expression of at least one of those characteristics; and 
(d) that can be considered as a functional unit because of its suitability 
40 for being propagated unchanged; 
Note: Plant groupings for the purposes of this definition include genetically modified plant groupings. 
See section 6. IPINIl! AUS/P/2 
Page 9 
Plant Breeder's Rights No. 110, 1994 
"process", in relation to the reproduction of propagating material, of a plant 
variety does not include: 
(a) the development of a cell or tissue or a plant part into a plant of that 
variety; or 
(b) the growth of a plant into a larger plant of that variety; 
"propagating material", in relation to a plant of a particular plant variety, 
means any part or product from which, whether alone or in combination with 
other parts or products of that plant, another plant with the same essential 
characteristics can be produced; 5 
"propagation", in relation to a living organism or its components, means 10 
the growth, culture or multiplication of that organism or component, whether 
by sexual or asexual means; 
"Register" means the Register of Plant Varieties kept under section 61; 
"Registrar" means the Registrar of Plant Breeder's Rights; 
"reproduction", in relation to propagating material of a plant of a particular 15 
variety, means any process, whereby the number of units of that propagating 
material that have the capacity to grow into independent plants is multiplied; 
"Secretary" means the Secretary of the Department; 
"sell" includes letting on hire and exchanging by way of barter; 
"successor" means: 
(a) in relation to a breeder of a plant variety-a person to whom the right 
of the breeder to make application for PBR in that variety has been 
assigned, or transmitted by will or by operation of law; and 
(b) in relation to a grantee ofPBR-a person to whom that right has been 20 
assigned, or transmitted by will or by operation of law; 25 
"synonym", in relation to the name of a plant variety in which PBR has been 
granted in another contracting party, means a name, additional to the name 
of the variety, by which the variety will be known and sold in Australia; 
"will" includes a codicil. 
(2) If a provision of this Act requires or authorises the Secretary or the 30 
Registrar to give written notice of any matter to a particular person and does 
not specify the means of giving that notice, that provision is to be taken, for 
the purposes of section 29 of the Acts Interpretation Act 1901 to authorise 
or require the Secretary or Registrar to serve the notice on the person 
personally or by post. 35 
Definition of essentially derived varieties 
4. A plant variety is taken to be an essentially derived variety of another 
plant variety if: 
(a) it is predominantly derived from that other plant variety; and IP/N/l! AUS/P/2 
Page 10 
Plant Breeders Rights No. 110, 1994 
(b) it retains the essential characteristics that result from the genotype or 
combination of genotypes of that other variety; and 
(c) it does not exhibit any important (as distinct from cosmetic) features 
that differentiate it from that other variety. 
5 Definition of breeding 
5.(1) A reference in this Act to breeding, in relation to a new plant 
variety, includes a reference to the discovery of a plant together with its use 
in selective propagation so as to enable the development of the new plant 
variety. 
10 (2) If a plant is discovered by one person but used in selective 
propagation by another so as to enable the development of a new plant 
variety, those persons are together taken to be the joint breeders of the new 
plant variety. 
Genetic modification 
15 6. For the purposes of this Act, an organism may be treated as 
constituting a plant grouping within a single botanical taxon despite the fact 
that the genome of the plants in that plant grouping has been altered by the 
introduction of genetic material that is not from plants. 
Approved forms 
20 7.(1) In this Act, a reference to an approved form is a reference to a form 
that is approved, by instrument in writing, by the Secretary. 
(2) The instrument by which a form is approved under subsection (1) is 
a disallowable instrument for the purpose of section 46A of the Acts 
Interpretation Act 1901. 
25 Approved persons 
8.(1) In this Act, a reference to an approved person is a reference to a 
person who, on the basis of the person's qualifications and experience, the 
Secretary has designated, by instrument in writing, to be such a person in 
relation to one of more species of plant. 
30 (2) The Registrar must, from time to time, cause lists of all persons who 
are approved persons in relation to particular species of plant to be published 
in the Plant Varieties Journal. 
Act to bind Crown 
9.(1) This Act binds the Crown in right of the Commonwealth, of each 
35 of the States, of the Australian Capital Territory and of the Northern 
Territory. 
(2) Nothing in this Act renders the Crown, in any of its capacities, liable 
to be prosecuted for an offence. Plant Breeder's Rights No. 110, } 99{-
Extent of Act IP/N/lIAUS/P/2 
Page 11 
10. Nothing in this Act requires or permits the granting of PBR in a plant 
variety unless: 
(a) if Australia is a party to the Convention-the grant is appropriate to 
give effect to the obligations of Australia under the Convention; or 5 
(b) the breeding of the plant variety constitutes an invention for the 
purpose of paragraph 51(xviii) of the Constitution. 
PART 2-PLANT BREEDER'S RIGHT 
General nature of PBR 
11. Subject to sections 16, 17, 18, 19 and 23, PBR in a plant variety is 10 
the exclusive right, subject to this Act, to do, or to license another person to 
do, the following acts in relation to propagating material of the variety: 
(a) produce or reproduce the material; 
(b) condition the material for the purpose of propagation; 
(c) offer the material for sale; 15 
(d) sell the material; 
(e) import the material; 
(t) export the material; 
(g) stock the material for the purposes described in paragraph (a), (b), 
(c), (d), (e) or (t). 20 
Extension of PBR to cover essentially derived varieties 
12. Subject to section 23, if: 
(a) PBR is granted to a person in a plant variety (the "initial variety"); 
and 
(b) PBR is granted to another person in another plant variety; and 25 
(c) the Secretary makes a declaration, on application by the 
first-mentioned person, that the other plant variety is an essentially 
derived variety from the initial variety; 
the right granted in the initial variety extends, with effect from the date of 
the declaration, to that other plant variety. 30 
Extension of PBR to cover certain dependent plant varieties 
13. Subject to section 23, ifPBR is granted in a plant variety (the "initial 
variety"), the right extends to: 
(a) any other plant variety that: 
(i) is not clearly distinguishable from the initial variety; and 35 
(ii) is clearly distinguishable from any plant variety that was a 
matter of common knowledge at the time of the grant of PBR 
in the initial variety; and IP/N/lIAUS/P/2 
Page 12 
Plant Breeders Rights No. 110, 1994 
(b) any other plant variety that cannot be reproduced except by the 
repeated use of the initial variety or of a variety referred to in 
paragraph (a); 
whether or not that other plant variety was in existence at the time PBR was 
5 granted in the initial variety. 
Extension of PBR to harvested material in certain circumstances 
14.(1) If: 
(a) propagating material of a plant variety covered by PBR is produced 
or reproduced without the authorisation of the grantee; and 
10 (b) the grantee does not have a reasonable opportunity to exercise the 
grantee's right in relation to the propagating material; and 
(c) material is harvested from the propagating material; 
section 11 operates as if the harvested material were propagating material. 
(2) Subsection (1) applies to so much of the material harvested by a 
15 farmer from propagating material conditioned and reproduced in the 
circumstances set out in subsection 17(1) as is not itself required by the 
farmer, for the farmer's own use, for reproductive purposes. 
Extension of PBR to products obtained from harvested material in 
certain circumstances 
20 15. If: 
(a) propagating material of a plant variety covered by PBR is produced 
or reproduced without authorisation of the grantee; and 
(b) the grantee does not have a reasonable opportunity to exercise the 
grantee's rights in relation to the propagating material; and 
25 (c) material is harvested from plants grown from the propagating 
material but the grantee does not have, in the circumstances set out 
in section 14, a reasonable opportunity of exercising the grantee's 
rights in the harvested material; and 
(d) products are made from the harvested material; 
30 section 11 operates as if those products were propagating material. 
Certain acts done for private, experimental or breeding purposes do 
not infringe PBR 
16. Any act done in relation to a plant variety covered by PBR that is 
done: 
35 (a) privately and for non-commercial purposes; or 
(b) for experimental purposes; or 
(c) for the purpose of breeding other plant varieties; 
does not infringe the PBR. Plant Breeders Rights No. 110, 1994 IPINIl! AUS/P/2 
Page 13 
Conditioning and use of farm saved seed does not infringe PBR 
17.(1) If: 
(a) a person engaged in farming activities legitimately obtains 
propagating material of a plant variety covered by PBR either by 
purchase or by previous operation of this section, for use in such 5 
activities; and 
(b) the plant variety is not included within a taxon declared under 
subsection (2) to be a taxon to which this subsection does not apply; 
and 
(c) the person subsequently harvests further propagating material from 10 
plants grown from that first-mentioned propagating material; 
the PBR is not infringed by: 
(d) the conditioning of so much of that further propagating material as 
is required for the person's use for reproductive purposes; or 
(e) the reproduction of that further propagating material. 15 
(2) The regulations may declare a particular taxon to be a taxon to which 
subsection (1) does not apply. 
Other acts that do not infringe PBR 
18.(1) Despite the fact that a plant variety is covered by PBR, any act 
referred to in section 11: 20 
(a) that is done in relation to the propagating material of plants of that 
variety; and 
(b) that enables the use of that propagating material: 
(i) as a food, food ingredient or fuel; or 
(ii) for any other purpose that does not involve the production or 25 
reproduction of the propagating material; 
does not infringe the PBR. 
(2) Without limiting the generality of subsection (1), for the purpose of 
that subsection, the use of propagating material of a plant by way of allowing 
it to sprout and then eating it, or using it in the preparation of food, before 30 
it has developed further, is not taken to be a use that involves the production 
or reproduction of propagating material. 
Reasonable public access to plant varieties covered by PBR 
19.(1) Subject to subsection (11), the grantee of PBR in a plant variety 
must take all reasonable steps to ensure reasonable public access to that plant 35 
variety. 
(2) Reasonable public access to a plant variety covered by PBR is taken 
to be satisfied if propagating material of reasonable quality is available to the 
public at reasonable prices, or as gifts to the public, in sufficient quantities 
to meet demand. 40 IP/NIlIAUS/P/2 
Page 14 
Plant Breeder's Rights No. 11 0, 1994 
(3) For the purpose of ensuring reasonable public access to a plant 
variety covered by PBR, the Secretary may, on behalf of the grantee, in 
accordance with subsections (4) to (l0), license a person whom the Secretary 
considers appropriate: 
5 (a) to sell propagating material of plants of that variety; or 
(b) to produce propagating material of plants of that variety for sale; 
during such period as the Secretary considers appropriate and on such terms 
and conditions (including the provision of reasonable remuneration to the 
grantee) as the Secretary considers would be granted by the grantee in the 
10 normal course of business. 
(4) If, at any time more than 2 years after the grant of PBR in a plant 
variety, a person considers: 
(a) that the grantee is failing to comply with subsection (1) in relation to 
the variety; and 
15 (b) that the failure affects the person ~s interests; 
the person may make a written request to the Secretary to exercise a power 
under subsection (3) in relation to the variety. 
(5) A request must: 
(a) set out the reasons why the person considers that the grantee is failing 
20 to comply with subsection (1); and 
(b) give particulars of the way in which the person considers that the 
failure affects the person's interests; and 
( c) give an address of the person for the purposes of notifications under 
this section. 
25 (6) The Secretary must give the grantee: 
(a) a copy of the request; and 
(b) a written invitation to give the Secretary, within 30 days after giving 
the request, a written statement of the reasons the Secretary should 
be satisfied that the grantee: 
30 (i) is complying with subsection (1) in relation to the variety; or 
(ii) will so comply within a reasonable time. 
(7) The Secretary must, after considering the request and any statement 
given by the grantee in response to the invitation under paragraph (6)(b): 
(a) decide whether or not to exercise the power concerned; and 
35 (b) within 30 days after so deciding, give written notice of the decision 
to the grantee and to the person making the request. 
Note: A decision under this subsection is reviewable by the AAT under section 77. 
(8) If the Secretary proposes to exercise a power under subsection (3) in 
relation to a plant variety, the Secretary must give public notice: 
40 (a) identifying the variety; and Plant Breeders Rights No. 110, 1994 IP/NIl! AUS/P/2 
Page 15 
(b) setting out particulars of any licence the Secretary proposes to grant; 
and 
(c) inviting persons to apply in writing to the Secretary, within 30 days 
of the publication of the notice, to be granted that licence. 
(9) The Secretary must not grant any such licence unless: 5 
(a) the Secretary has considered all applications made in response to the 
invitation; and 
(b) at least one month before granting any such licence, the Secretary 
has: 
(i) given written notice to each such applicant of the name of the 10 
proposed licensee; and 
(ii) given public notice of the name of the proposed licensee. 
(10) If the Secretary: 
(a) has granted a person a licence to produce propagating material of 
plants of a particular variety; and 15 
(b) is satisfied that the person will be unable to obtain such propagating 
material at a reasonable price or without charge; 
the Secretary may, on behalf of the grantee, make that propagating material 
available to the person from material stored at a genetic resource centre. 
Note: A decision under this subsection to make propagating material available is reviewable by the AAT 20 
under section 77. 
(11) This section does not apply in relation to a plant variety in respect 
of which the Secretary certifies, in writing, at the time of the grant of PBR, 
that he or she is satisfied that plants of that variety have no direct use as a 
consumer product. 25 
Note: A decision under this subsection is reviewable by the AAT under section 77. 
PBR is personal property 
20.(1) PBR is personal property and, subject to any conditions imposed 
under section 49, is capable of assignment, or of transmission by will or by 
operation of law. 30 
(2) An assignment of PBR (otherwise than because of the order of a 
court) does not have effect unless it is in writing signed by, or on behalf of, 
the assignor apd assignee. 
(3) If a grantee of PBR in a plant variety gives another person a licence 
in that right, the licence binds every successor in title to the interest of that 35 
grantee to the same extent as it was binding on that grantee of the PBR. 
Registrar must be notified of an assignment of PBR 
21.(1) If a person (the "claimant") claims that PBR was assigned or 
transmitted to the claimant, the claimant must inform the Registrar in writing 
that the claimant has acquired that right, giving particulars of the manner in 40 
which that right was acquired, within 7 days after acquiring that right. IPINIl! AUS/PI2 
Page 16 
Plant Breeders Rights No. 110, 1994 
(2) If the Registrar is satisfied that the right has been so assigned or 
transmitted, the Registrar must amend the Register by entering the name of 
the claimant as the holder of that right. 
(3) If the Registrar enters the name of the claimant on the Register as the 
5 holder ofPBR, the Registrar must, within 7 days after entering the name, give 
written notice to the claimant and to the person who was the holder before 
the entry was made, stating that the entry has been made. 
(4) If the Registrar is not satisfied that PBR has been assigned or 
transmitted to the claimant, the Registrar must, as soon as possible: 
10 (a) give written notice to the claimant: 
(i) telling the claimant that the Registrar is not so satisfied; and 
(ii) setting out the reasons why the Registrar is not so satisfied; and 
(b) give written notice to the person entered on the Register as the holder 
of the right: 
15 (i) setting out particulars of the information given by the 
claimant; and 
(ii) telling the claimant that the Registrar is not so satisfied; and 
(iii) setting out the reasons why the Registrar is not so satisfied. 
(5) A claimant must include, in the notice to the Registrar informing of 
20 the assignment or transmission, an address in Australia for the service of 
documents in accordance with this Act. 
Note: A decision under this section to amend or to refuse to amend the Register is reviewable by the 
AAT under section 77. 
Duration of PBR 
25 22.(1) Subject to-subsections (4) and (5), PBR in a plant variety begins 
on the day that the grant of PBR in the variety is made. 
(2) Subject to subsections (3), (4) and (5), PBR in a plant variety lasts for: 
(a) in the case of trees and vines-25 years; and 
(b) for any other variety-20 years. 
30 (3) The regulations may provide that PBR in a plant variety included 
within a specified taxon lasts for a longer period than is specified in 
subsection (2). 
(4) PBR jn a plant variety that is a dependent plant variety of another 
plant variety begins on: 
35 (a) the day that the grant of PBR in the other plant variety is made; or 
(b) the day that dependent variety comes into existence; 
whichever occurs last, and ends when PBR in the other variety ceases. 
(5) If: 
(a) PBR is held in a plant variety (the "initial variety"); and 
40 (b) another plant variety is declared under section 40 to be an essentially 
derived variety of the initial variety; Plant Breeders Rights No. 110, 1994 lP/NIl! AUSIP12 
Page 17 
PBR in the initial variety extends to the essentially derived variety from the 
day on which that declaration is made until the day on which PBR in the 
initial variety ends. 
Exhaustion of PBR 
23.(1) PBR granted in a plant variety does not extend to any act referred 5 
to in section 11: 
(a) in relation to propagating material of the variety; or 
(b) in relation to propagating material of any essentially derived variety 
or dependent plant variety; 
that takes place after the propagating material has been sold by the grantee 10 
or with the grantee's consent unless that act: 
(c) involves further production or reproduction of the material; or 
(d) involves the export of the material: 
(i) to a country that does not provide PBR in relation to the 
variety; and 15 
(ii) for a purpose other than final consumption. 
(2) If: 
(a) a plant variety is declared to be an essentially derived variety of 
another plant variety (the "initial variety"); and 
(b) PBR in the essentially derived variety is held both by the grantee of 20 
PBR in the essentially derived variety and by the grantee of PBR in 
the initial variety; 
the reference in subsection (1) to propagating material sold by the grantee or 
with the grantee's consent is a reference to propagating material sold by, or 
with the consent of, both of the grantees referred to in paragraph (b). 25 
PART 3-APPLICATION FOR PLANT BREEDER'S RIGHT 
Division 1-The making of the application 
Right to apply for PBR 
24.(1) A breeder of a plant variety may make application to the Secretary 
for the grant of a PBR in the variety. 30 
(2) The breeder can make the application whether or not: 
(a) the breeder is an Australian citizen; and 
(b) the breeder is resident in Australia; and 
(c) the variety was bred in Australia. 
(3) Subject to subsection (4), if 2 or more persons bred a plant variety 35 
jointly, those persons or some of them may make a joint application for that 
right. 
(4) If 2 or more persons bred a plant variety jointly, one of those persons 
is not entitled to apply for PBR in the variety otherwise than jointly with, or 
with the consent in writing of, each other of those persons. 40 lP/NIl! AUS/P/2 
Page 18 
Plant Breeders Rights No. 110, 1994 
Right to apply for PER is personal property 
25.(1) The right of a breeder of a plant variety to apply for PBR is 
personal property and is capable of assignment and of transmission by will 
or by operation of law. 
5 (2) An assignment of a right to apply for PBR must be in writing signed 
by or on behalf of the assignor. 
Form of application for PBR 
26.(1) An application for PBR in a plant variety must: 
(a) be in writing; and 
10 (b) be in an approved form; ancl 
(c) be lodged in a manner set out in the approved form. 
(2) The application must contain: 
(a) the name and address of the applicant; and 
(b) if the applicant is using an agent to make the application on the 
15 applicant's behalf-the name and address of the agent; and 
(c) if the applicant is the breeder of the variety-a statement of that 
effect; and 
(d) if the applicant is not the breeder of the variety-the name and 
address of the breeder and particulars of the assignment, or 
20 transmission by will or by operation of law, of the right to make the 
application; and 
(e) a brief description, or a brief description and photograph, of a plant 
of the variety sufficient to establish a prima facie case that the variety 
is distinct from other varieties of common knowledge; and 
25 (f) the name of the variety, having regard to the requirements of 
section 27, and any proposed synonym for that name; and 
(g) particulars. of the location at which, and the manner by which, the 
variety was bred including, in r~spect of each variety used in the 
breeding program: 
30 (i) particulars of the names (including synonyms) by which that 
variety is known and sold in Australia); and 
(ii) particulars of any PBR granted in Australia or in a contracting 
party other than Australia; and 
(h) particulars of any application for, or grant of, rights of any kind in the 
35 variety in any other country; and 
(i) the name of an approved person who: 
(i) will verify the particulars in the application; and 
(ii) will supervise any test growing or further test growing of the 
variety required under section 37; and 
40 (iii) will verify a detailed description of the variety when such a 
description is supplied to the Secretary; 
(j) such other particulars (if any) as are required by the approved form. Plant Breeders Rights No. 110, 1994 IP/N/lIAUS/P/2 
Page 19 
(3) If an applicant is resident overseas, the applicant must, unless the 
applicant has appointed an agent resident in Australia to act on the applicant's 
behalf in the application, specify, in addition to any address overseas, a postal 
address in Australia for the service of notices on the applicant. 
(4) An applicant must, before, or at the time of, lodging an application 5 
under this section, pay to the Commonwealth such application fee (if any) 
as is prescribed. 
Names of new plant varieties 
27.(1) If PBR has not been granted in another contracting party in a plant 
variety before an application for that right in that variety is made in Australia, 10 
the name set out in the application must comply with subsections (4), (5), (6) 
and (7). 
(2) If, before making an application in Australia for PBR in a plant 
variety, PBR has been granted in that variety in another contracting party: 
(a) the name of the variety set out in the Australian application must be 15 
the name under which PBR was first granted in another contracting 
party; but 
(b) there may, and, if the name referred to in paragraph (a) does not 
comply with subsections (4), (5), (6) and (7) there must, also be 
included in the application a synonym, additional to the name of the 20 
variety, by which the variety will also be known and sold in Australia. 
(3) The synonym must be a name determined in accordance with 
subsections (4), (5), (6) and (7) as if the variety had not been the subject of 
a grant of PBR in another contracting party. 
(4) A name under subsection (1), or a synonym under subsection (3), in 25 
respect of a plant variety, must be a word or words (whether invented or not) 
with or without the addition of either or both of the following: 
(a) a letter or letters that do not constitute a word; 
(b) a figure or figures. 
('5J A name under subsection (1), or a synonym under subsection (3), in 30 
respect of a plant variety must not: 
(a) be likely to deceive or cause confusion, including confusion with the 
name of another plant variety; or 
(b) be contrary to law; or 
(c) contain scandalous or offensive matter; or 35 
(d) be prohibited by regulations in force at the time of the application; 
or 
(e) be or include a trade mark that is registered, or whose registration is 
being sOllght, under the Trade Marks Act 1955, in respect of live 
plants, plant cells and plant tissues. 40 IP/N/lIAUS/P/2 
Page 20 
Plant Breeders Rights No. 110, 1994 
(6) A name under subsection (1), or a synonym under subsection (3), in 
respect of a plant variety must comply with the International Code of 
Botanical Nomenclature and subsidiary codes. 
(7) A name under subsection (1), or a synonym under subsection (3), in 
5 respect of a plant variety must not consist of, or include: 
(a) the name of a natural person living at the time of the application 
unless the person has given written consent to the name of the variety; 
or 
(b) the name of a natural person who died within the period of 10 years 
10 before the application unless the legal personal representative of the 
person has given written consent to the name of the variety; or 
(c) the name of a corporation or other organisation, unless the 
corporation or other organisation has given its written consent to the 
name of the variety. 
15 Applications to be given priority dates 
28.(1) The Secretary must ensure that each application for PBR is given 
a priority date. 
(2) The priority date is, unless section 29 applies in relation to the 
application, the date on which the application was lodged with the Secretary. 
20 (3) If 2 or more applications are made for PBR in the same plant variety, 
the Secretary must first consider the application having the earlier priority 
date. 
Priority dates arising from foreign application 
29.(1) A person who lodges an application (the "foreign application") 
25 for PBR in a plant variety in a contracting party other than Australia may, in 
accordance with this section, claim the date of that foreign application as the 
priority date for the purposes of a subsequent application in Australia for 
those rights in that variety. 
(2) If: 
30 (a) during that period of 12 months after the date of the foreign 
application, the person lodges an application in Australia (the "local 
application") for PBR in the variety; and 
(b) the person accompanies the local application with a claim to have the 
date of the foreign application treated as the priority date for the 
35 purposes of the local application; 
the person is, if the local application is accepted and subject to subsections 
(3) and (4), entitled to have the date referred to in paragraph (b) treated as 
the priority date for the purposes of the local application. Plant Breeders Rights No. 110, 1994 IP/N/l! AUS/P/2 
Page 21 
(3) The entitlement of the person to the priority date referred to in 
subsection (2) is conditional on the person lodging with the Secretary, within 
3 months of making the local application, a copy of the documents that 
constituted the foreign application, certified by the Authority that received 
the foreign application to be a true copy of the documents. 5 
(4) The entitlement of the person to the priority date referred to in 
subsection (2) is conditional on the person providing to the Secretary, within 
a period of 3 years after the making of the foreign application, such further 
particulars in relation to the plant variety as are required to complete the 
consideration of the local application. 10 
Acceptance or rejection of applications 
30.(1) The Secretary must, as soon as practicable after an application for 
PBR is lodged in a plant variety, decide whether to accept or reject the 
application. 
(2) If the Secretary is satisfied that: 15 
(a) no other application has, or, if the application were to meet the 
requirements of paragraphs (b) and (c), would have, an earlier 
priority date in the variety; and 
(b) the application complies with the requirements of section 26; and 
(c) the application establishes a prima facie case for treating the plant 20 
variety as distinct from other varieties; 
the Secretary must accept the application. 
(3) If the Secretary is not satisfied of all of the matters referred to in 
subsection (2), the Secretary must reject the application. 
(4) If the Secretary decides to accept the application, the Secretary must: 25 
(a) give written notice to the applicant telling the applicant that the 
application has been accepted; and 
(b) as soon as possible after notifying the applicant-give public notice 
of the acceptance of the application. 
(5) If the Secretary decides to reject an application, the Secretary must: 30 
(a) give written notice to the applicant telling the applicant of the 
rejection and setting out the reasons for the rejection; and 
(b) as soon as possible after notifying the application-give public 
notice 'of the rejection of the application. 
Note: A decision under this section to accept or reject an application is reviewable by the AAT under 35 
section 77. 
Requests for variation of application 
31.(1) If: 
(a) after an application for PBR in a plant variety has been accepted; but 
(b) before concluding the examination of that application (including the 40 
subsequent detailed description of that variety) and of any objection 
to the application; IPINIl! AUS/PI2 
Page 22 
5 
10 
15 
20 
25 
30 
35 
40 Plant Breeder's Rights No. 110, 1994 
the right of the applicant to apply for PBR in a particular plant variety is 
assigned to, or has been transmitted by will or operation of law to, another 
person, that other person may request the Secretary, in writing, to vary the 
application so that that other person is shown as the applicant. 
(2) If the Secretary is satisfied that the right to apply for PBR in a 
particular plant variety has been assigned to, or has been transmitted by will 
or operation of law to, to a particular person, the Secretary must vary the 
application so that that person is shown as the applicant. 
(3) A request by a person under subsection (1) must give an address in 
Australia for the service of notices on the person for the purposes of this Act. 
(4) If the Secretary complies with a request under subsection (1) and the 
address for the service of notices that is given in connection with that request 
is different from the address contained in the application as the address for 
service of documents on the applicant, the Secretary must vary the 
application so that the address so given is shown as the address for service 
of documents on the applicant. 
(5) If: 
(a) after an application for PBR in a plant variety has been accepted; but 
(b) before concluding the examination of that application (including the 
subsequent detailed description of that variety) and of any objection 
to the application; 
the applicant requests the Secretary, in writing, to vary the application in any 
other respect other than that referred to in subsection (1), the Secretary may, 
in his or her discretion, vary the application in accordance with the request. 
(6) Despite the previous provisions of this section, the Secretary is not 
obliged or permitted to vary an application in response to a request under this 
section unless the person making the application for the variation has paid 
to the Commonwealth the application variation fee that is prescribed for the 
purposes of this section. 
Note: A decision under this section to vary or to refuse to vary an application is reviewable by the AAT 
under section 77. 
Notification of decisions on requests to vary application 
32.(1) If the Secretary varies an application in accordance with a request 
under subsection 31(1) or (5), the Secretary must, as soon as practicable, give 
written notice to the person making the request telling the person that the 
application has been so varied. 
(2) If the Secretary rejects a request under subsection 31 (1) or (5), the 
Secretary must, as soon as practicable, give written notice to the person 
making the request: 
(a) telling the person that the request has been rejected; and 
(b) setting out the reasons for the rejection. Plant Breeder's Rights No. 110, 1994 IP/N/lIAUS/P/2 
Page 23 
(3) If the Secretary rejects a request under subsection 31 (1), the 
Secretary must, as soon as practicable, also give written notice to the 
applicant: 
(a) setting out particulars of the request; and 
(b) telling the applicant that the request has been rejected; and 5 
(c) setting out the reasons for the rejection. 
(4) If the Secretary varies an application in accordance with a request 
under subsection 31(1), the Secretary must, as soon as practicable, also give 
written notice of particulars of the variation to the person who was the 
applicant before the variation was made. 10 
(5) If an application: 
(a) is varied because of a request under subsection 31(1); or 
(b) is varied because of a request under subsection 31(5) in a significant 
respect; 
the Secretary must, as soon as practicable, give public notice of particulars 15 
of the variation. 
Withdrawal of application 
33.(1) An application may be withdrawn by the applicant at any time. 
(2) If an application is withdrawn after public notice of acceptance of the 
application is given, the Secretary must, as soon as practicable, give public 20 
notice of the withdrawal. 
Division 2-Dealing with the application after its acceptance 
Detailed description in support of application to be given to Secretary 
34.(1) As soon as practicable after, but not later than 12 months after, an 
application has been accepted, or within such further period as the Secretary 25 
allows for the purpose, the applicant must, if the applicant has not already 
done so, give the Secretary a detailed description of the plant variety to which 
the application relates. 
Note: A decision under this subsection to refuse to extend the 12 months period is reviewable by the 
AAT under section 77. 30 
(2) If the applicant fails to give the Secretary the detailed description 
required under this section within the required period, the application is 
taken to have been withdrawn. 
(3) The detailed description must: 
(a) be in writing; and 35 
(b) be in an approved form; and 
(c) be lodged with the Secretary in a manner set out in the approved form. IPINIl! AUSIP12 
Page 24 
Plant Breeder s Rights No. 110, 1994 
(4) The detailed description must contain: 
(a) particulars of the characteristics that distinguish the variety from 
other plant varieties the existence of which is a matter of common 
knowledge; and 
5 (b) particulars of: 
(i) any test growing carried out, including a test growing carried 
out as required under section 37, to establish that the variety 
is distinct, uniform and stable; and 
(ii) any test growing carried out as required under section 41; and 
10 (c) if the variety was bred outside Australia-particulars of any test 
growing outside Australia that tend to establish that the variety will, 
if grown in Australia, be distinct, uniform and stable; and 
(d) such other particulars (if any) as are required by the approved form; 
and must be accompanied by a certificate, in the approved form, verifying 
15 the particulars of the detailed description, completed by the approved person 
nominated in the application as the approved person in relation to that 
application. 
(5) The Secretary must, as soon as practicable after receiving a detailed 
description of a plant variety to which an application for PBR relates, give 
20 public notice of that description. 
(6) The applicant must: 
(a) unless paragraph (b) applies-within 12 months after the application 
has been accepted; and 
(b) if the detailed description has been given to the Secretary before the 
25 end of that period-at the time when the description was given; 
pay to the Commonwealth such examination fee as is prescribed. 
Objection to application for PBR 
35.(1) Any person who considers, in relation to an application for PBR 
in a plant variety that has been accepted: 
30 (a) that his or her commercial interests would be affected by the grant of 
that PBR to the applicant; and 
(b) that the Secretary cannot be satisfied, in relation to that application, 
of a ,matter referred to in a paragraph of subsection 26(2) or in 
subparagraph 44(1 )(b )(i), (ii), (iii), (iv), (v), (vi), (vii) or (viii); 
35 may lodge a written objection to the grant of PBR with the Secretary at any 
time after the giving of that public notice of acceptance of the application and 
before the end of the period of 6 months starting with the public notice of that 
detailed description. 
(2) An objection must set out: 
40 (a) particulars of the manner in which the person considers his or her 
commercial interests would be affected; and Plant Breeder's Rights No. 110, 1994 IP/N/l! AUS/P/2 
Page 25 
(b) the reasons why the person considers that the Secretary cannot be 
satisfied of a matter referred to in paragraph (l)(b). 
(3) The Registrar must give a copy of the objection to the applicant. 
Inspection of applications and objections 
36.(1) A person may, at any reasonable time, inspect an application for 5 
PBR in a plant variety (including any detailed description of the plant variety 
given in support of the application) or an objection lodged in respect of that 
application (including that detailed description). 
(2) A person is entitled, on payment of such fee as is prescribed, to be 
given a copy of an application for PBR in a plant variety, of an objection to 10 
such an application, or of a detailed description of the plant variety. 
Test growing of plant varieties 
37.(1) If, in dealing with: 
(a) an application for PBR that has been accepted; or 
(b) an objection to such an application for PBR; or 15 
(c) a request for revocation of PBR; 
the Secretary decides that there should be a test growing or a further test 
growing of the variety to which the application, objection or request relates, 
the Secretary must give written notice of that decision: 
(d) to the person who made the application, objection or request; and 20 
(e) in the case of an objection to an application for PBR-also to the 
applicant; and 
(f) in the case of a request for revocation of PBR-also to the grantee. 
Note: A decision under this subsection to require a test growing is reviewable by the AAT under 
section 77. 25 
(2) The notice, in addition to telling the person of the Secretary's 
decision: 
(a) must specify the purpose of the test growing; and 
(b) may require the person: 
(i) to supply the Secretary with sufficient plants or sufficient 30 
propagating material of plants of the variety, and with any 
. necessary information, to enable the Secretary to arrange a test 
growmg; or 
(ii) to make arrangements for an approved person to supervise the 
test growing, to supply the approved person with sufficient 35 
plants or propagating material to enable the test growing, to 
give the Secretary a copy of the records of observations made 
during the test growing and to certify the records of 
observations so provided; 
whichever the Secretary considers appropriate. 40 IP/N/lIAUS/PI2 
Page 26 
Plant Breeders Rights No. 110, 1994 
(3) If a notice under this section contains the requirement referred to in 
subparagraph (2)(b)(i) and the applicant complies with the request, the 
Secretary must arrange to have the variety concerned test grown. 
(4) After completion of a test growing arl'Nlged by the Secretary, any 
5 propagating material of the variety used in, or resulting from, the test 
growing, that is capable of being transported must be delivered to the person 
by whom propagating material of that variety was supplied for the purposes 
of the test growing. 
(5) All of the costs associated with a test growing must be paid: 
10 (a) if it is conducted to deal with an application for PBR-by the 
applicant for PBR; or 
(b) if it is conducted to deal with an objection to an application for 
PBR-by the objector; or 
(c) if it is conducted to deal with a request for a revocation of PBR-by 
15 the person making the request. . 
Characteristics of plant varieties bred or test grown outside Australia 
38.(1) If: 
(a) a plant variety (the "subject variety"): 
(i) was bred outside Australia; or 
20 (ii) was bred in Australia but, before an application for PBR was 
made in Australia, an application for PBR was made in a 
contracting party other than Australia; and 
(b) an application under this Act for PBR in the variety has been 
accepted; 
25 the variety is not to be taken to have a particular characteristic unless 
subsection (2), (3), (4) or (5) applies to the variety. 
(2) This subsection applies to the subject variety if a test growing in 
Australia has demonstrated that the variety has the particular characteristic. 
(3) This subsection applies to the subject variety if: 
30 (aJ a test growing of the variety has been carried out outside Australia; 
and 
(b) that test growing has demonstrated that the variety has the particular 
characteristic; and 
(c) under an agreement between Australia and the country in which the 
35 test growing was carried out, Australia is required to accept that the 
variety has that particular characteristic. 
(4) This subsection applies to the subject variety if the Secretary is 
satisfied that: 
(a) a test growing of the variety carried out outside Australia has 
40 demonstrated that the variety has the particular characteristic; and Plant Breeder's Rights No. 110, 1994 IPINIl! AUS/P/2 
Page 27 
(b) that test growing of the variety is equivalent to a test growing of the 
variety in Australia. 
(5) This subsection applies to the subject variety if the Secretary is 
satisfied that: 
(a) a test growing of the variety carried out outside Australia has 5 
demonstrated that the variety has the particular characteristic; and 
(b) any test growing of the variety carried out in Australia would 
probably demonstrate that the variety has that characteristic; and 
(c) if a test growing of the variety in Australia sufficient to demonstrate 
whether the variety has that characteristic were to be carried out, it 10 
would take longer than 2 years. 
Note: A decision to the effect that the Secretary is, or is not, satisfied of the matters referred to in 
subsection (4) or (5) is reviewable by the AAT under section 77. 
Division 3-Provisional protection 
Provisional protection 15 
39.(1) When an application for PER in a plant variety is accepted, the 
applicant is taken to be the grantee of that right for the purposes of Part 5 from 
the day the application is accepted until: 
(a) the application is disposed of; or 
(b) if the Secretary gives the applicant a notice under subsection (2)-the 20 
notice is disposed of; 
whichever occurs first. 
(2) If the Secretary is satisfied in relation to an application for PBR in 
a plant variety, that: 
(a) PBR will not be granted or is unlikely to be granted to the applicant; 25 
or 
(b) the applicant has given an undertaking to a person (whether or not for 
consideration) not to commence proceedings for infringement of the 
right of which the applicant is deemed to be the grantee; 
the Secretary may notify the applicant, in writing, that this section will cease 30 
to apply to that variety on a day specified in the notice unless, before that time 
the applicant has made a submission to the Secretary providing reasons why 
this section should not cease to apply. 
Note: A decision under this subsection to notify an applicant is reviewable by the AAT under 
section 77. 
(3) For the purposes of paragraph (l)(b) a notice referred to in that 
paragraph is not taken to be disposed of until: 
(a) the end of the period within which application may be made to the 
AAT for a review of the giving of the notice; or 35 
(b) if such an application is made to the AAT-the application is 40 
withdrawn or finally determined, whether by the AAT or a court. IP/N/l! AUS/P/2 
Page 28 
Plant Breeders Rights No. 110, 1994 
(4) As soon as practicable after a person ceases to be taken to be the 
grantee of PBR under this section, the Secretary must give public notice that 
the person has ceased to be so taken. 
(5) Nothing in this section affects the powers of the Federal Court under 
5 subsection 44A(2) of the AAT Act where an appeal is begun in that Court 
from a decision of the AAT. 
(6) A person who is taken to be the grantee of PBR in a plant variety is 
not entitled to begin an action or proceeding for an infringement of that right 
occurring during the period when the person is 'so taken unless and until that 
10 right is finally granted to the person under section 44. 
Division 4-Essential derivation 
Applications for declarations of essential derivation 
40.(1) If: 
(a) a person is the grantee of PBR in a particular plant variety-
15 (the "initial variety"); and 
(b) another person is the grantee of, or has applied for, PBR in another 
plant variety (the "second variety"); and 
(c) the grantee of PBR in the initial variety is satisfied that the second 
variety is, within the meaning of section 4, an essentially derived 
20 variety of the initial variety; and 
(d) the initial variety has not itself been decl~ed to be an essentially 
derived variety of another variety in which PBR has been granted; 
the grantee of PBR in the initial variety may make written application to the 
Secretary for a declaration that the second variety is so derived. 
25 (2) Nothing in this section implies that a person who is the grantee of 
PBR in the initial variety may not, in relation to an application by another 
person for PBR in the second variety that has been accepted but not finally 
determined: 
(a) make an objection, under section 35, to the granting of PBR in the 
30 second variety; and 
(b) in the alternative, if PBR is granted to another person in the second 
variety-apply under subsection (1) for a declaration that the second 
variety is essentially derived from the initial variety. 
(3) If the second variety: 
35 (a) is the subject of an application for PBR; and 
(b) is also the subject of an application for a declaration of essential 
derivation; 
then, unless and until the Secretary decides to grant the application for PBR: 
(c) tae Secretary must not make the declaration of essential derivation; 
40 but Plant Breeder's Rights No. 110, 1994 
(d) the Secretary may, in his or her discretion: IPINIl! AUS/P/2 
Page 29 
(i) examine both the application for PBR and the application for 
a declaration of essential derivation at the same time; and 
(ii) for the purpose only of examining the application for a 
declaration of essential derivation-treat the applicant for 5 
PBR as the grantee of PBR in the variety. 
(4) An application for a declaration of essential derivation must: 
(a) be in writing; and 
(b) be in an approved form; and 
(c) be lodged with the Secretary in a manner set out in the approved 10 
form; and 
(d) be accompanied by the prescribed fee in respect of the application. 
(5) An application must contain such information relevant to 
establishing a prima facie case that the second variety is an essentially 
derived variety of the initial variety as is required by the form. 15 
(6) If the initial variety has itself been declared to be essentially derived 
from another variety, the Secretary must refuse to declare the second variety 
essentially derived from: 
(a) the initial variety; and 
(b) inform the applicant for the declaration in writing, to that effect, and 20 
give the applicant reasons for the decision. 
(7) If the initial variety has not been so declared, the Secretary must 
determine, on the basis of the application, whether the Secretary is satisfied 
that there is a prima facie case that the second variety is an essentially derived 
variety of the initial variety. 25 
(8) If the Secretary is satisfied of that prima facie case, the Secretary 
must: 
(a) inform the applicant and the grantee ofPBR in the second variety thaL 
the Secretary is so satisfied; and 
(b) inform the grantee of PBR in the second variety that, unless the 30 
grantee establishes, within 30 days after being so informed or such 
longer period as the Secretary allows, that the second variety is not 
an essentially derived variety of the initial variety, the Secretary will, 
at the end of that period, declare the second variety to be such an 
essentially derived variety. 35 
Note: A decision under this subsection to refuse to extend the period of 30 days is reviewable by the 
AAT under section 77. 
(9) If the Secretary is not satisfied of that prima facie case, the Secretary 
must inform the applicant, in writing, to that effect, and give the applicant 
reasons for the decision. 40 IPINll! AUSIPI2 
Page 30 
Plant Breeder's Rights No. 110, 1994 
(10) If, after considering: 
(a) the information presented by the grantee of PBR in the second 
variety; and 
(b) any information obtained from a test growing conducted III 
5 accordance with section 41; and 
(c) any other relevant information obtained by the Secretary; 
the Secretary is not satisfied that the grantee ofPBR in the second variety has 
rebutted the prima facie case, the Secretary must: 
(d) declare, in writing, that the second variety is an essentially derived 
10 variety of the initial variety; and 
(e) by notice in writing given to the grantee of PBR in the initial variety, 
tell that grantee of the declaration; and 
(f) by notice in writing given to the grantee ofPBR in the second variety, 
tell that grantee of the declaration and set out the reasons for not being 
15 satisfied that the prima facie case has been rebutted. 
(11) If, after considering the information referred to in paragraph 
(10)(a), (b) or (c), the Secretary is satisfied that the grantee of PBR in the 
second variety has rebutted the prima facie case, the Secretary must: 
(a) by notice in writing given to the grantee of PBR in the initial variety, 
20 tell that grantee that he or she is so satisfied and set out the reasons 
for being so satisfied; and 
(b) by notice in writing given to the grantee of PBR in the second variety, 
tell that grantee that he or she is so satisfied. 
(12) While a declaration that the second variety is essentially derived 
25 from the initial variety remains in force, section 19 applies in relation to the 
second variety as if: 
(a) the references in that section to the grantee, in relation to that variety 
were references both to the person holding PBR in that variety and 
to the person holding PBR in the initial variety; and 
30 (b) the reference in subsection 19(4) to 2 years after the grant of PBR 
were a reference to 2 years after the grant of PBR in the second 
variety whether or not the declaration of essential derivation was 
made at the same time or a later time; and 
(c) a failure by the other person holding PBR in the initial variety or the 
35 person holding PBR in the second variety to co~operate in making the 
second variety available to the public in accordance with the 
requirements of subsection 19(1) was a failure of the grantee to 
comply with the requirements of that subsection. 
Note: A decision under this section to declai\y, or not to declare, a plant variety essentially derived is 
40 reviewable by the AAT under section 77. 
Test growing associated with applications for declarations of essential 
derivation 
41.(1) If: Plant Breeder's Rights No. 110, 1994 IPINIl! AUSIPI2 
Page 31 
(a) the grantee of PBR in a plant variety (the "initial variety") applies 
for a declaration that another variety (the "second variety") is an 
essentially derived variety of the initial variety; and 
(b) in the course of that application the grantee of PBR in the initial 
variety establishes a prima facie case that the second variety is 5 
essentially derived; and 
(c) on the basis of information supplied by the grantees of PBR in the 
initial variety and in the second variety, the Secretary comes to the 
view that a test growing or further test growing is necessary to 
determine whether the prima facie case has been rebutted; 10 
the Secretary must give notice of that decision both to the grantee of PBR in 
the initial variety and in the second variety. 
Note: A decision under this subsection to require a test growing is reviewable by the AAT under 
section 77. 
(2) The notice must require: 15 
(a) the grantee of PBR in the initial variety to supply the Secretary with 
sufficient plants or sufficient propagating material of plants of that 
variety and with any necessary information; and 
(b) the grantee ofPBR in the second variety to supply the Secretary with 
sufficient plants or sufficient propagating material of plants of that 20 
second variety and with any necessary information; 
to enable the Secretary to arrange a test growing. 
(3) After completion of the test growing, any propagating material of a 
variety used in, or resulting from, the test growing that is capable of being 
transported must be delivered to the person by whom propagating material 25 
of that variety was supplied for the purpose of the test growing. 
(4) All costs associated with the test growing must be paid by the person 
who, without the test growing, failed to rebut the prima facie case of essential 
derivation, whether or not the test growing led to rebuttal of that case. 
(5) If the Secretary requires a test growing or further test growing, 30 
subsection 40(8) has effect as if the reference in that subsection to 30 days 
after being so informed were a reference to 30 days after being informed of 
the results of the test growing. 
PART 4-THE GRANT AND REVOCATION OF PLANT 
BREEDER'S RIGHT 35 
Division I-Grant of Plant Breeder's Right 
PBR not to be granted in excluded varieties 
42.(1) PBR must not be granted in any variety of plant in a taxon that the 
regulations declare to be a taxon to which this Act does not apply. IP/N/l! AUS/P/2 
Page 32 
Plant Breeder s Rights No. 110, 1994 
(2) The Governor-General must not make a regulation for the purposes 
of subsection (1) unless the Governor-General has been informed by the 
Minister that the Minister has considered advice given by the Advisory 
Committee in relation to the desirability of making the regulation. 
5 (3) If: 
(a) a plant variety is a hybrid; and 
(b) each of the plant varieties from which it is derived is a plant variety 
included in a taxon to which this Act does not apply; 
PBR must not be granted in the hybrid. 
10 Registrable plant varieties 
43.(1) For the purposes of this Act, a plant variety In which an 
application for PBR is made is registrable if: 
(a) the variety has a breeder; and 
(b) the variety is distinct; and 
15 (c) the variety is uniform; and 
(d) the variety is stable; and 
(e) the variety has not been exploited or has been only recently 
exploited. 
(2) For the purposes of this section, a plant variety is distinct if it is 
20 clearly distinguishable from any other variety whose existence is a matter of 
common knowledge. 
(3) For the purposes of this section, a plant variety is uniform if, subject 
to the variation that may be expected from the particular features of its 
propagation, it is uniform in its relevant characteristics on propagation. 
25 (4) For the purposes of this section, a plant variety is stable if its relevant 
characteristics remain unchanged after repeated propagation. 
(5) For the purposes of this section, a plant variety is taken not to have 
been exploited if, at the date oflodging the application for PBR in the variety, 
propagating or harvested material of the variety has not been sold to another 
30 person by, or with the consent of, the breeder. 
(6) For the purposes of this section, a plant variety is taken to have been 
only recently exploited if, at the date of lodging the application for PBR in 
the variety, propagating or harvested material of the variety has not been sold 
to another person by, or with the consent of, the breeder: 
35 (a) in Australia-more than one year before that date; or 
(b) in the territory of another contracting party: 
(i) in the case of trees or vines-more than 6 years before that 
date; or 
(ii) in any other case-more than 4 years before that date. Plant Breeders Rights No. 110, 1994 IPINIl! AUSIP/2 
Page 33 
(7) Subsection (6) does not apply to a sale by the breeder of a plant 
variety of propagating or harvested material of the variety to another person 
if that sale is a part of, or related to, another transaction under which the right 
of the breeder to make application for PBR in that plant variety is sold to that 
other person. 5 
(8) In addition to any other reason for treating a plant variety as a variety 
of common knowledge, a variety is to be treated as a variety of common 
knowledge if: 
(a) an application for PBR in the variety has been lodged in a contracting 
party; and 10 
(b) the application is not subsequently refused. 
(9) A plant variety that is to be treated as a variety of common knowledge 
under subsection (8) because of an application for PBR in the variety is to 
be so treated from the time of the application. 
Grant of PBR 15 
44.(1) If: 
(a) an application for PBR in a plant variety is accepted; and 
(b) after examining the application (including the subsequent detailed 
description) and any objection to the application, the Secretary is, or 
continues to be, satisfied that: 20 
(i) there is such a variety; and 
(ii) the variety is a registrable plant variety within the meaning of 
section 43; and 
(iii) the applicant is entitled to make the application; and 
(iv) the grant of that right is not prohibited by this Act; and 25 
(v) that right has not been granted to another person; and 
(vi) the name of the variety complies with section 27; and 
(vii) propagating material of that variety has been deposited for 
storage, at the expense of the applicant, in a genetic resource 
centre approved by the Secretary; and 30 
(viii) if the Secretary so requires, a satisfactory specimen plant of the 
variety has been supplied to the herbarium; and 
(ix) all fees payable under this Act in respect of the application, 
examination and grant have been paid; 
the Secretary must grant that right to the applicant. 35 
(2) If: 
(a) an application for PBR in a plant variety is accepted; and 
(b) the plant variety is a variety of a species indigenous to Australia; 
the Secretary must require supply of a satisfactory 'specimen plant of the 
variety to the herbarium. 40 IP/N/l! AUS/P/2 
Page 34 
(3) If: Plant Breeders Rights No. 110, 1994 
(a) an application for PBR in a plant variety is accepted; and 
(b) the Secretary is not satisfied of all of the matters referred to in 
paragraph (l)(b); 
5 the Secretary must refuse to grant that right to the applicant. 
(4) The Secretary must not grant or refuse to grant PBR in a plant variety 
until at least 6 months after the giving of public notice of the detailed 
description of the variety. 
(5) If: 
10 (a) an application for PBR in a plant variety has been varied under 
section 31; and 
(b) the variation relates to the detailed description of the variety that has 
been given to the Secretary; and 
(c) the Secretary has given public notice of the variation; 
15 the Secretary must not grant, or refuse to grant, PBR in the variety until 
6 months after giving public notice of the variation or of the last such 
variation. 
(6) If an objection to an application for PBR is made under section 35, 
the Secretary must give the applicant 30 days, starting when a copy of the 
20 objection is given to the applicant, or such longer period as the Secretary 
considers to be reasonable in the circumstances, to provide an answer to the 
objection. 
(7) A quantity of propagating material of a plant variety that is lodged 
with a genetic resource centre must be sufficient to enable that variety to be 
25 kept in existence if there were no other propagating material of plants of that 
variety. 
(8) The delivery and storage of propagating material of a plant variety 
does not affect the ownership of the material but the material must not be 
dealt with otherwise than for the purposes of this Act. 
30 (9) The propagating material of a plant stored at a genetic resource centre 
may be used by the Secretary for the purposes of this Act, including the 
purposes of section 19. 
(10) PBR is granted to a person by the issue to that person by the 
Secretary of a certificate in an approved form, signed by the Secretary or the 
35 Registrar, containing such particulars of the plant variety concerned as the 
Secretary considers appropriate. 
(11) If the PBR is granted to persons who make a joint application for the 
. right, the right is to be granted to those persons jointly. 
(12, If the Secretary refuses to grant PBR in a plant variety, the Secretary 
40 must, within 30 days of so refusing, give written notice to the applicant: Plant Breeder's Rights No. llD, 1994 
(a) telling the applicant of the refusal; and 
(b) setting out the reasons for the refusal. IPINIl! AUS/P/2 
Page 35 
Note: A decision under this section to grant, or refuse to grant, PBR in a plant variety is reviewable by 
the AAT under section 77. 
Grant of PBR to be exclusive 5 
45.(1) Subject to subsections (2) and (3), only one grant of PBR may be 
made under this Act in relation to a plant variety. 
(2) If 2 breeders lodge a joint application for PBR, the Registrar may 
grant PBR to them jointly. 
(3) If: 10 
(a) a person is the grantee of PBR in a plant variety (the "initial 
variety"); and 
(b) another person is the grantee of PBR in another plant variety; and 
(c) the Secretary declares the other variety to be an essentially derived 
variety of the initial variety; 15 
subsection (1) does not prevent PBR in the initial variety extending to the 
other variety. 
Grant of PBR to be entered on Register 
46.(1) When the Secretary grants PBR in a plant variety, the Registrar 
must enter in the Register: 20 
(a) a description, or description and photograph, of a plant of that 
variety; and 
(b) the name of the variety and any proposed synonym; and 
(c) the name of the grantee; and 
(d) the name and address of the breeder; and 25 
(e) the address for the service of documents on the grantee for the 
purposes of this Act as shown on the application for the right; and 
(f) the day on which the right is granted; and 
(g) such other particulars relating to the granting as the Registrar 
considers appropriate. 30 
(2) When the Secretary makes a declaration that a variety (the "derived 
variety") is essentially derived from another variety (the "initial variety"), 
the Registrar must enter in the Register both in respect of the derived variety 
and the initial variety: 
(a) the fact that the declaration has been made; and 35 
(b) the day on which the declaration was made. 
Notice of grant of PBR 
47.(1) The Secretary must, as soon as possible after granting PBR to a 
person, give public notice of the grant in the Plant Varieties Journal. IPINIl! AUS/PI2 
Page 36 
Plant Breeder's Rights No. 110, 1994 
(2) The Secretary must, as soon as possible after the making of a 
declaration that a plant variety is an essentially derived variety of another 
plant variety, give public notice of the making of the declaration in the 
Plant Varieties Journal. 
5 Effect of grant of PBR 
48.(1) If a person is granted PBR in a plant variety: 
(a) any other person who was entitled to make, but had not made, 
application for the right in the variety: 
(i) ceases to be entitled to make such application; and 
10 (ii) is not entitled to any interest in the right; and 
(b) any other person who had made application for the right in the 
variety: 
(i) ceases to be entitled to have his or her application considered 
or further considered; and 
15 (ii) is not entitled to any interest in the right. 
(2) Sub~ection (1) does not prevent a person: 
(a) from applying for a revocation of the rights under section 50; or 
(b) from instituting proceedings before a court or the AAT in relation to 
the right; or 
20 (c) from requesting the Secretary to make a declaration under section 39 
that the plant variety in which the right was granted is essentially 
derived from another plant variety in which the person holds PBR. 
(3) If: 
(a) PBR in a particular plant variety is granted to a person; and 
25 (b) another person (the "eligible person") was entitled, at law or equity, 
to an assignment of the right to make an application for the PBR; 
the eligible person is entitled to an assignment of the PBR. 
PBR may be subject to conditions 
49.(1) The Minister may, if the Minister thinks it necessary, in the public 
30 interest, refer to the Plant Breeder's Rights Advisory Committee the question 
whether a grant of PBR that the Minister proposes to make, or an existing 
grant of PBR, should be subject to conditions. 
(2) The Minister may, having regard to the views of the Plant Breeder's 
Rights Advisory Committee on a matter referred under subsection (1), 
35 impose such conditions on PBR that is to be granted or that has been granted 
as the Minister considers appropriate. 
(3) If the Minister imposes conditions on PBR: 
(a) 'the Secretary must give public notice of those conditions and give the 
grantee a copy of the instrument setting them out; and Plant Breeders Rights No. 110, 1994 IPINIl! AUSIP/2 
Page 37 
(b) the Registrar must enter details of those conditions in the Register. 
Note: A decision under this section by the Minister to make a grant subject to conditions is reviewable 
by the AAT under section 77. 
Division 2-Revocation of Plant Breeder's Right or declaration of 
essential derivation 5 
Revocation of PBR 
50.(1) The Secretary must revoke PBR in a plant variety or a declaration 
that a plant variety is essentially derived from another plant variety if: 
(a) the Secretary becomes satisfied that facts existed that, if known 
before the grant of that right or the making of that declaration, would 10 
have resulted in the refusal to grant that right or make that 
declaration; or 
(b) the grantee has failed to pay a fee payable in respect of that right or 
of that declaration within 30 days after having been given notice that 
the fee has become payable. 15 
(2) The Secretary may revoke PBR in a plant variety if: 
(a) the Secretary is satisfied that a person to whom that right has been 
assigned or transmitted has failed to comply with section 21; or 
(b) the Secretary is satisfied that the grantee has failed to comply with 
a condition imposed under section 49. 20 
(3) If the Secretary revokes PBR in a plant variety or a declaration that 
a plant variety is essentially derived from another plant variety, the Secretary 
must, within 7 days after the decision to revoke was taken, by notice given 
to the grantee of the right that has been revoked or of the right that is affected 
by the giving of the declaration of essential derivation, tell that grantee of the 25 
decision and set out the reasons for the revocation. 
(4) The Secretary must not revoke PBR under this section unless: 
(a) the Secretary has given the grantee, or any person to whom the 
Secretary believes that right has been assigned or transmitted, 
iP.-particulars of the grounds of the proposed revocation; and 30 
(b) the grantee or that other person has had 30 days after being given 
those' particulars to make a written statement to the Secretary in 
relation to the proposed revocation. 
(5) The Secretary must not under this section, revoke a declaration that 
a plant variety (the "initial variety") is essentially derived from another 35 
plant variety unless: 
( a) the Secretary has given the grantee of PBR in the initial variety, or 
any person to whom the Secretary believes that that PBR has been 
assigned or transmitted, particulars of the grounds of the proposed 
revocation of that declaration of essential derivation; and 40 IP/N/lIAUSIP12 
Page 38 
Plant Breeder's Rights No. 110, 1994 
(b) the grantee or that other person has had 30 days after being given 
those particulars to make a written statement to the Secretary in 
relation to the proposed revocation. 
(6) The revocation of PBR in a plant variety or of a declaration that a 
5 plant variety is essentially derived from another plant variety takes effect: 
(a) if no application for review of the revocation is made to the AAT-at 
the end of the period within which such an application might be 
made; or 
(b) if such an application is made-at the time when the application is 
10 withdrawn, or finally determined, whether by the Tribunal or by a 
court. 
15 
20 
25 
30 
35 
40 (7) Nothing in this section affects the power of the Court under 
subsection 44A(2) of the AAT Act. 
(8) A person whose interests are affected by the grant of PBR in a plant 
variety may apply to the Secretary, in writing, for the revocation of the right. 
(9) A person whose interests are affected by the making of a declaration 
that a plant variety is essentially derived from another plant variety may 
apply to the Secretary, in writing, for a revocation of that declaration. 
(10) If the Secretary decides not to revoke PBR in a plant variety in 
accordance with an application under subsection (8) or not to revoke a 
declaration of essential derivation in accordance with subsection (9), the 
Secretary must, within 7 days of making that decision, by notice in writing 
to the person who applied for the revocation, tell the person of the decision 
and set out the reasons for the decision. 
Note: A decision under this section to revoke, or refuse to revoke, PBR or a declaration of essential 
derivation is reviewable by the AAT under section 77. 
Entry of particulars of revocation 
51.(1) If: 
(a) PBR in a plant variety is revoked in accordance with section 50; or 
(b) the Secretary is served with a copy of an order of a court given under 
section 55 revoking that right; 
the Secretary must: 
(c) enter particulars of the revocation in the Register; and 
(d) give public notice of the revocation. 
(2) If the holder of PBR in a plant variety fails to pay the prescribed 
annual fee for the renewal of the right by the last day for payment of that fee, 
the holder is taken to have surrendered the right. 
(3) The Secretary must: 
(a) 'enter particulars of the surrender in the Register; and 
(b) give public notice of the surrender. Plant Breeders Rights No. 110, 1994 
Surrender of PBR IP/N/l! AUS/P/2 
Page 39 
52. The holder of PBR in a plant variety may, at any time, by written 
notice to the Secretary, offer to surrender that right. 
PART 5-ENFORCEMENT OF PLANT BREEDER'S RIGHT 
Infringement of PBR 5 
53.(1) Subject to sections 16, 17, 18, 19 and 23, PBR in a plant variety 
is infringed by: 
(a) a person doing, without, or otherwise than in accordance with, 
authorisation from the grantee of the right, an act referred to in a 
paragraph of section 11 in respect of the variety or of a dependent 10 
variety; or 
(b) a person claiming, without, or otherwise than in accordance with, 
authorisation from the grantee of that right, the right to do an act 
referred to in a paragraph of section 11 in respect of that variety or 
of a dependent variety; or 15 
(c) a person using a name of the variety that is entered in the Register in 
relation to: 
(i) any other plant variety; or 
(ii) a plant of any other plant variety. 
(2) If a plant variety (the "derived variety") has been declared to be an 20 
essentially derived variety of another plant variety (the "initial variety"), 
the reference in paragraphs (l)(a) and (b) to authorisation from the grantee 
of the right means, in relation to the derived variety, authorisation from both 
the grantee of PBR in the derived variety and from the grantee of PBR in the 
initial variety. 25 
(3) In this section, a reference to the grantee of PBR in a plant variety 
includes a reference to a person who has, by assignment or transmission, 
become the holder of that right. 
Actions for infringement 
54.(1) An action for infringement ofPBR in a plant variety may be begun 30 
in the Court. 
(2) A defendant in an action for infringement of PBR in a plant variety 
may apply, by way of counterclaim, for revocation of that right on the ground 
that: 
(a) the variety was not a new plant variety; or 35 
(b) facts exist that would have resulted in the refusal of the grant of that 
right if they had been known to the Secretary before the grant of that 
right. IP/N/lIAUSIP12 
Page 40 
Plant Breeder's Rights No. 110, 1994 
(3) If, in an action for infringement of PBR in a plant variety: 
(a) the defendant applies, by way of counterclaim, for the revocation of 
that right; and 
(b) the Court is satisfied that a ground for revocation of that right exists; 
5 the Court may make an order revoking that right. 
(4) If the Court revoked PBR in a plant variety on the counterclaim of 
a defendant, the Court may order the defendant to serve on the Registrar a 
copy of the order revoking that right. 
Declarations as to non-infringement 
10 55.(1) A person who proposes to perform an act described in a paragraph 
of section 11 in relation to the propagating material of a plant variety may, 
by an action in the Court against the grantee of PBR in a plant variety, apply 
for a declaration that the performance of that act would not constitute an 
infringement of that right. 
15 (2) A person may apply for a declaration whether or not there has been 
an assertion of an infringement of PBR by the grantee of that right. 
(3) The Court must not make such a declaration unless: 
( a) the person proposing to perform the act: 
(i) has applied in writing to the grantee of the PBR concerned for 
20 an admission that the proposed performance of the act would 
not infringe that right; and 
(ii) has given the grantee full written particulars of the propagating 
material concerned; and 
(iii) has undertaken to repay all expenses reasonably incurred by 
25 the grantee in obtaining advice in the declaration; and 
(b) the grantee has refused or failed to make such an admission. 
(4) The costs of all parties in proceedings for a declaration under this 
section are to be paid by the person seeking the declaration unless the Court 
otherwise orders. 
30 l'5) The validity of a grant of PBR in a plant variety is not to be called 
in question in proceedings for a declaration under this section. 
(6) The making of, or the refusal to make, a declaration under this section 
does not imply that a grant of PBR in a plant variety is, or is not, valid. 
Jurisdiction of Court 
35 56.(1) The Court has jurisdiction with respect to matters in which actions 
may, under this Part, be begun in the Court. 
(2) 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. Plant Breeder's Rights No. 110, 1994 IPINll! AUS/P/2 
Page 41 
(3) The relief that the Court may grant in an action or proceeding for 
infringement of PBR 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. 
(4) The regulations may make provision in relation to the practice and 5 
procedure of the Court in actions under this Act, including provision 
prescribing the time within which any action may be begun, or any other act 
or thing may be done, and providing for the extension of any such time. 
(5) Subsection (4) does not limit the power of the Judges of the Court or 
a majority of them to make rules of Court under section 59 of the Federal 10 
Court of Australia Act 1976 that are consistent with the regulations referred 
to in that subsection. 
Innocent infringement 
57.(1) The Court may refuse to award damages, or to make an order for 
an account of profits, against a person in an action for infringement of PBR 15 
in a plant variety, if the person satisfies the Court that, at the time of the 
infringement, the person was not aware of, and had no reasonable grounds 
for suspecting, the existence of that right. 
(2) If the propagating material of plants of the plant variety, labelled so 
as to indicate that PBR is held in the variety in Australia, has been sold to a 20 
substantial extent before the date of the infringement, the person against 
whom the action for infringement is brought is taken to have been aware of 
the existence of PBR in the variety, unless the contrary is established. 
PART 6-ADMINISTRATION 
Registrar of Plant Breeder's Rights 25 
58.(1) There is established by this section a Registrar of Plant Breeder's 
Rights. 
(2) The office of the Registrar of Plant Breeder's Rights is an office in 
the Department. 
(3) The Registrar has the functions and powers: 30 
(a) that are conferred on the Registrar by this Act or by the regulations; 
or 
(b) that are delegated to the Registrar by the Secretary under section 59. 
Delegation 
59.(1) The Minister may, by signed instrument, delegate to the Registrar, 35 
or to another officer of the Department within the Senior Executive Service, 
any of the powers or functions of the Minister under this Act. 
(2) The Secretary may, by signed instrument, delegate to the Registrar, 
or to another officer of the Department within the Senior Executive Service, 
any of the powers or functions of the Secretary under this Act. 40 IP/NIl/ AUS/P/2 
Page 42 
Plant Breeders Rights No. 110, 1994 
Certain persons not to acquire PBR 
60.(1) A person must not apply for, or otherwise acquire, except than by 
will or by operation of law, PBR in a plant variety or an interest in such right 
if the person has during the 12 months before the application, held, or 
5 performed the duties of: 
(a) the office of Secretary; or 
(b) the office of Registrar of Plant Breeder's Rights; or 
(c) an office in the Department the duties of which involve providing 
assistance to the Registrar. 
10 Penalty: 60 penalty units. 
(2) A grant of PBR applied for in contravention of subsection (1) or an 
acquisition of PBR in contravention of that subsection is void. 
Register of Plant Varieties 
61.(1) The Registrar must keep a register, to be known as the Register 
15 of Plant Varieties, at a place approved by the Secretary. 
(2) The Registrar must cause a copy of the Register to be maintained in 
each State or Territory (other than the State or Territory where the Register 
is required to be kept) at the principal office of the Department in that State 
or Territory and at such other place (if any) in that State or Territory as the 
20 Secretary directs. 
25 Inspection of Register 
62.(1) A person may inspect the Register at any reasonable time. 
(2) A person is entitled, on payment of such fee (if any) as is prescribed, 
to be given a copy of an entry in the Register. 
PART 7-PLANT BREEDER'S RIGHTS ADVISORY 
COMMITTEE 
Establishment of Advisory Committee 
63.(1) There is established by this section a Committee by the name of 
the Plant Breeder's Rights Advisory Committee. 
30 (2) The functions of the Advisory Committee are: 
(a) at the request ofthe Minister, to advise the Minister on the desirability 
of dec1 ::i.ring: 
(i) in regulations made for the purpose of subsection 17(2)-that 
subsection 17(1) does not apply to a particular taxon; or 
35 (ii) in regulations made for the purpose of subsection 22(3)-that 
the duration of PBR in a particular taxon will be longer than 
provided in subsection 22(2); or 
(iii) in regulations made for the purpose of subsection 42(1)-that 
a particular taxon is a taxon to which this Act does not apply; 
40 and Plant Breeder's Rights No. 110, 1994 IPINIl! AUSIP12 
Page 43 
(b) to advise the Registrar on such technical matters arising under this 
Act, and such other matters relating to the administration of this Act, 
as the Registrar refers to the Advisory Committee. 
Membership of Advisory Committee 
64.(1) The Advisory Committee consists of: 5 
( a) the Registrar; and 
(b) 2 members who, in the opinion of the Minister, are appropriate 
persons to represent breeders, and likely breeders, of new plant 
varieties; and 
(c) one member who, in the opinion of the Minister, is an appropriate 10 
person to represent users, and likely users, of new plant varieties; and 
(d) one member who, in the opinion of the Minister, is an appropriate 
person to represent the interests of consumers, and likely consumers, 
of new plant varieties or of the products of new plant varieties; and 
(e) 2 other members who, in the opinion of the Minister, possess 15 
qualifications or experience that are appropriate for a member of the 
Advisory Committee. 
(2) The members, other than the Registrar, must be appointed by the 
Minister. 
(3) The members, other than the Registrar, hold office as part-time 20 
members. 
(4) Each member, other than the Registrar, holds office for the period, 
not exceeding 2 years, that is specified in the instrument of appointment, but 
is eligible for re-appointment. 
(5) The Minister may terminate the appointment of a member, other than 25 
the Registrar, for misbehaviour or for physical or mental incapacity. 
(6) The Minister must terminate the appointment of a member, other 
than the Registrar, if the member: 
(a) becomes bankrupt, applies to take the benefit of any law for the relief 
of bankrupt or insolvent debtors, compounds with his or her creditors 30 
or makes an assignment of his or her remuneration for their benefit; 
or 
(b) fails, without reasonable excuse, to disclose any interest in a matter 
required to be disclosed under section 66. 
(7) If a person's appointment as a member is terminated under subsection 35 
(6), the Minister must give the person a written notice informing the person 
of the termination and setting out the reasons for the termination. 
(8) A member, other than the Registrar, may resign his or her office by 
writing signed by the member and delivered to the Minister. IPINIl! AUS/P/2 
Page 44 
Plant Breeders Rights No. 110, 1994 
Remuneration and allowances 
65.(1) The members referred to in paragraphs 64(1)(b), (c), (d) and (e) 
must be paid: 
(a) such remuneration as is determined by the Remuneration Tribunal; 
5 and 
(b) such allowances as are prescribed. 
(2) Subsection (1) has effect subject to the Remuneration Tribunal Act 
i'973. 
Disclosure of interests 
10 66.(1) A member who has a direct or indirect pecuniary interest in a 
matter being considered at a meeting of the Advisory Committee must, as 
soon as possible after the relevant facts have come to the member's 
knowledge, disclose the nature of the interest at the meeting. 
(2) A disclosure must: 
15 (a) be recorded in the minutes of the meeting of the Advisory 
Committee; and 
(b) be made known in any advice given by the Committee in relation to 
that matter. 
Meetings 
20 67.(1) The Registrar may convene such meetings of the Advisory 
Committee as are necessary for the purposes of the performance of the 
functions of the Advisory Committee. 
(2) At a meeting of the Advisory Committee, 4 members constitute a 
quorum. 
25 (3) The Registrar presides at a meeting of the Advisory Committee at 
which the Registrar is present. 
(4) If the Registrar is not present, the members present must elect one of 
their number to preside at the meeting. 
(5) Subject to subsection (2), the Advisory Committee may determine 
30 the procedure to be followed at a meeting of the Committee. 
PART 8-MISCELLANEOUS 
Public notices 
68.(1) The Secretary must issue a journal, to be called the Plant Varieties 
Journal, at least 4 times each year. 
35 (2) Any public notice that the Secretary is required to make under this 
Act must be published in the Journal. 
(3) Public notice of any matter additional to the matters referred to in 
subsection (2) that the Secretary considers it necessary or desirable to 
publicise may also be published in the Journal. lP/NIl! AUSIP/2 
Page 45 
Plant Breeder's Rights No. 110, 1994 
(4) If the Secretary considers it desirable to give additional public notice 
of matters by publishing notices of those matters in a periodical other than 
the Journal, the Secretary may arrange for, or consent to, the giving of 
additional public notice of those matters in the periodical. 
Notices inviting submissions in respect of certain regulations 5 
69.(1) Regulations must not be made for the purposes of subsection 
17(2),22(3) or 42(1) unless, before the making of the regulations and before 
the Minister seeks any advice from the Advisory Committee concerning 
those regulations: 
(a) the Minister has, in accordance with section 6B, given public notice 10 
of the Minister's intention to make a regulation for the purposes of 
that subsection in relation to a particular taxon that is specified in the 
notice; and 
(b) the notice has given a broad indication of the objectives of the 
intended regulations and invited persons to make submissions to the 15 
Minister concerning it within a period of30 days after the publication 
of the notice. 
(2) If the Minister receives, in accordance with an invitation in a public 
notice under subsection (1), a submission concerning an intended regulation, 
the Minister must have regard to the submission so made. 20 
(3) If the Minister seeks advice of the Advisory Committee concerning 
an intended regulation, the Minister may comply with subsection (2): 
(a) by providing to the Committee, at the time of requesting the advice 
of that Committee, a copy of all submissions received; and 
(b) requesting the Advisory Committee to have regard to those 25 
submissions in preparing its advice to the Minister. 
Genetic resource centres 
70.(1) If, in the opinion of the Secretary, a place is suitable for the storage 
and maintenance of germplasm material, the Secretary may, by notice in 
writing, declare that place to be a genetic resource centre for the purposes of 30 
this Act. 
(2) The person in charge of a genetic resource centre may do all things 
necessary to maintain the viability of propagating material stored at that 
centre. 
The herbarium 
71. If, in the opinion of the Secretary, an organisation has facilities 
suitable for the storage of plant specimens, the Secretary may, by notice in 
writing, declare the organisation to be the herbarium for the purposes of this 
Act. 35 IP/N/lIAUS/P12 
Page 46 
Plant Breeder's Rights No. 110, 1994 
Agents may act in matters relating to PBR 
72. Subject to any other law of the Commonwealth, including the High 
Court Rules and the Federal Court Rules, an application, a written 
submission or any othe~ document may be prepared or lodged, and any 
5 business may be transacted, for the purposes of this Act, by one person on 
behalf of another person. 
Service of documents 
73. If the Secretary or the Registrar is required by this Act to give a 
written notice or other document to an applicant for, or a grantee of, PBR, 
10 that notice or other document may be given by being posted by pre-paid post 
as a letter addressed to the applicant or the grantee at the address for service 
shown on the application or entered in the Register, as the case requires. 
Infringement offences 
74.(1) A person must not, in relation to propagating material of a plant 
15 variety in which PBR has been granted, intentionally or recklessly do any of 
the acts referred to in a paragraph of section 11 if such an act would, under 
section 53, infringe the PBR in the variety. 
Penalty: 500 penalty units. 
(2) The fact that an action for infringement has been brought against a 
20 person under section 54 in respect of a particular act does not prevent a 
prosecution under this section in respect of the same act. 
Offences other than infringement offences 
75.(1) A person must not intentionally or recklessly make a false 
statement in an application or other document given to the Secretary or the 
25 Registrar for the purposes of this Act. 
Penalty: 6 months imprisonment. 
(2) A person who is not the grantee of PBR in a plant variety must not 
intentionally or recklessly represent to another person that he or she is the 
grantee of PBR in that variety. 
30 Penalty: 60 penalty units. 
(3) A person must not intentionally or recklessly represent to another 
person that PBR granted to that first-mentioned person in a plant variety 
extends to cover another plant variety that is not: 
(a) a dependent variety of the first-mentioned variety; or 
35 (b) a variety that has been declared to be an essentially derived variety 
of the first-mentioned variety. 
Penalty: 60 penalty units. 
(4) A person must not intentionally or recklessly represent to another 
person that a plant of a variety in which PBR has not been granted is a plant 
40 of a variety in which PBR has been granted. 
Penalty: 60 penalty units. Plant Breeder's Rights No. 110, 1994 
Conduct by direCtors, servants and agents IP/NIlIAUS/P/2 
Page 47 
76.(1) If, in proceedings for an offence against section 74 or 75, it is 
necessary to establish the state of mind of a body corporate in relation to 
particular conduct, it is sufficient to show: 
(a) that the conduct was engaged in by a director, servant or agent of the 5 
body corporate, within the scope of his or her actual or apparent 
authority; and 
(b) that the director, servant or agent had the state of mind. 
(2) Any conduct engaged in on behalf of a body corporate by a director, 
servant or agent of the body corporate within the scope of his or her actual 10 
or apparent authority is to be taken, for the purposes of a prosecution for an 
offence against section 74 or 75, to have been engaged in also by the body 
corporate unless the' body corporate establishes that the body corporate took 
reasonable precautions and exercised due diligence to avoid the conduct. 
(3) If, in proceedings for an offence against section 74 or 75, it is 15 
necessary to establish the state of mind of a person other than a body 
corporate in relation to a particular conduct, it is sufficient to show: 
(a) that the conduct was engaged in by a servant or agent of the person, 
within the scope of his or her actual or apparent authority; and 
(b) that the servant or agent had the state of mind. 20 
(4) Any conduct engaged in on behalf of a person other than a body 
corporate by a servant or agent of the person within the scope of his or her 
actual or apparent authority is to be taken, for the purposes of a prosecution 
for an offence against section 74 or 75, to have been engaged in also by the 
first-mentioned person unless the first-mentioned person establishes that the 25 
first-mentioned person took reasonable precautions and exercised due 
diligence to avoid the conduct. 
(5) If: 
(a) a person other than a body corporate is convicted of an offence; and 
(b) the person would not have been convicted for the offence if 30 
subsections (3) and (4) had not been enacted; 
the person is not liable to be punished by imprisonment for that offence. 
(6) A reference in subsection (1) or (3) to the state of mind of a person 
includes a reference to: 
(a) the knowledge, intention, opinion, belief or purpose of the person; 35 
and 
(b) the person's reasons for the intention, opinion, belief or purpose. 
(7) A reference in this section to a director of a body corporate includes 
a reference to a constituent member of a body corporate incorporated for a 
public purpose by a law of the Commonwealth, of a State or of a Territory. 40 
(8) A reference in this section to engaging in conduct includes a 
reference to failing or refusing to engage in conduct. IPINIl! AUSIPI2 
Page 48 
Plant Breeders Rights No. 110, 1994 
(9) A reference in this section to an offence against section 74 or 75 
includes a reference to an offence agains~ section 5, 6, 7 or 7 A, or subsection 
86(1), of the Crimes Act 1914, that relates to section 74 or 75 of this Act. 
Applications for review. 
5 77.(1) Applications may be made to the AAT for review of: 
(a) a decision by the Minister under subsection 49(1); or 
(b) a decision by the Secretary: 
(i) under subsection 19(7) to exercise a power under subsection 
19(3); or 
10 (ii) under subsection 19(3) to license, or refuse to license, a person 
who applied to be so licensed in response to an invitation under 
paragraph 19(8)(c); or 
(iii) under subsection 19(10) to make propagating material 
available; or 
15 (iv) under subsection 19(11) to certify, or to refuse to certify, a 
plant variety; or 
(v) under section 30 to accept or reject an application; or 
(vi) under section 31 to vary, or refuse to vary, an application; or 
(vii) under subsection 34(1) refusing to extend the period for giving 
20 a detailed description; or 
(viii) under section 37 to require a test growing; or 
(ix) under subsection 38(4) to the effect that the Secretary IS 
satisfied of the matters referred to in that subsection; or 
(x) under subsection 38(5) to the effect that the Secretary IS 
25 satisfied of the matters referred to in that subsection; or 
(xi) under subsection 39(2) to issue a notice to an applicant; or 
(xii) under paragraph 40(8)(b) refusing to extend the period for 
rebutting the prima facie case of essential derivation; or 
(xiii) under section 40 in respect of an application for a declaration 
30 of essential derivation; or 
(xiv) under section 41 to require a test growing; or 
(xv) under section 44 to grant, or refuse to grant, PBR in a plant 
variety; or 
(xvi) under section 50 to revoke, or not to revoke, PBR in a plant 
35 variety or a declaration that a plant variety is essentially 
derived from another plant variety; or 
(c) a decision of the Registrar under section 21 to amend, or refuse to 
amend, the Register. 
(2) The AAT does not have power under subsection 29(7) of the AAT Act 
40 to extend the time for making an application to that Tribunal for a review of 
a decision referred to in subsection (1). Plant Breeder's Rights No. 110, 1994 
(~') The Secretary must give public notice of: 
(a) any application made under subsection (1); and IP/N/lIAUSIP12 
Page 49 
(b) any decisi\)n of the AAT on such an application; and 
(c) any decision of a court in relation to, or arising out of: 
(i) such an application; or 
(ii) a decision of the AAT on such an application. 
(4) In this section: 
"decision~' has the same meaning as in the AAT Act. 
Repeal 
78. The Plant Variety Rights Act 1987 is rcpealed. 
Compensation for acquisition of property 
79.(1) If, apart from this section, the operation of this Act would result 5 
10 
in an acquisition of property from a person otherwise than on just terms, the 
Commonwealth is to pay the person such reasonable amount of 
compensation as is agreed on between the person and the Commonwealth, 15 
or failing agreement, as is determined by a court of competent jurisdiction. 
(2) Any uamages or compensation recovered, or other remedy given, in 
proceedings that are begun otherwise than under this section must be taken 
into account in assessing compensation payable in proceedings begun under 
this section and arising out of the same event or circumstance. 20 
(3) In this section: 
"acquisition of property" has the same meaning as in paragraph 51(xxxi) 
of the Constitution; 
"Just terms" has the same meaning as in paragraph 51(xxxi) of the 
Constitution. 25 
Regulations 
80.(1) The Governor-General may make regulations prescribing all 
matters: 
(a) required or permitted by this Act to be prescribed; or 
·-(b) necessary or convenient to be prescribed for carrying out or giving 30 
effect to this Act. 
(2) Without limiting subsection (1), that subsection includes the power 
to make regulations: 
(a) prescribing fees including: 
(i) fees payable in respect of the making of applications for PBR, 35 
the examination of those applications and the issue of 
certificates in respect of the grant of PBR; and 
(ii) fees payable in respect of the making of applications for 
. declarations of essential derivation, the examination of those 
applications and the making of those declarations; and 40 IP/N/l! AUS/P/2 
Page 50 
Plant Breeders Rights No. 110, 1994 
(iii) fees payable by grantees of PBR at specified intervals or on 
specified dates; and 
(iv) fees payable in respect of costs incurred by the Secretary in 
respect of the conduct or sup,ervision of the test growing of 
5 plants; and 
(b) making provision in relation to the refund, in specified 
circumstances, of the whole or part of a fee paid under this Act; and 
(c) making provision in relation to the remission of, or the exemption of 
specified classes of persons from the payment of, the whole or a part 
10 of a fee; and 
(d) making provision in relation to the amendment of an entry in the 
Register to correct a clerical error or an obvious mistake; and 
(e) making such transitional and saving provisions as are necessary or 
convenient as a result of the repeal of the Plant Variety Rights Act 
15 1987 and the enactment of this Act. 
PART 9-TRANSITIONAL 
Definitions 
81. In this Part: 
"commencing day" means the day on which, in accordance with section 2, 
20 this Act commences; 
"old Act" means the Plant Variety Rights Act 1987. 
Plant variety rights under old Act to be treated as PBR 
under this Act 
82.(1) If: 
25 (a) a person was granted plant variety rights in respect of a plant variety 
under the old Act; and 
(b) those rights were still in force immediately before the 'commencing 
day; 
then, subject to the regulations, those rights have effect, despite the repeal of 
30 the old Act, on and after that day, as if: 
(c) this Act had been in force at the time when those rights were granted; 
and 
(d) they had been granted at that time as PBR in that variety. 
(2) Despite subsection (1), rights treated as if they had been granted as 
35 PBR under this Act continue in force for so long only as they would have 
continued in force if the old Act had not been repealed. 
(3) Nothing in this section gives the holder of rights treated as PBR in 
a particular plant variety under this Act the right to claim PBR in respect of 
plant varieties that would, under this Act, be dependent plant varieties in 
40 relation to that particular plant variety. Plant Breeder's Rights No. 110, 1994 IP/N/l! A US/P/2 
Page 51 
(4) Nothing in this section gives the holder of rights treated as PBR in 
a particular plant variety under this Act the right to seek a declaration that 
another plant variety is an essentially derived variety of the particular plant 
variety unless PBR in that other plant variety was given only on or after the 
commencing day. 5 
Applications for plant variety rights lodged and criminal proceedings 
begun before commencing day 
83.(1) If, before the commencing day: 
(a) a person has made application for plant variety rights under the old 
Act; but 10 
(b) the application has not been finally disposed of under that Act; 
the provisions of the old Act are taken to continue in force, for the purpose 
of dealing with the application, and any objection that has been made before 
that day, or is made after that day, in relation to the application. 
(2) If before the commencing day, criminal proceedings had been begun 15 
under the old Act but those proceedings had not been finally determined 
before that day, the provisions of the old Act are taken to continue in force, 
for the purposes of those proceedings. 
Other applications and proceedings under old Act 
84.(1) Subject to the regulations, this Act applies, on and after the 20 
commencing day, to any application, request, action or proceeding made or 
started under the old Act and not finally dealt with or determined under that 
Act before that day as if the application, request, action or proceeding had 
been made or started under a corresponding provision of this Act. 
(2) Subsection (1) does not apply in relation to an application for plant 25 
variety rights, or to criminal proceedings, covered by section 83. 
lransitional arrangements for membership and functions of Advisory 
Committee 
85.(1) The persons who, under the old Act, were members of the Plant 
Variety Rights Advisory Committee established under section 44 of that Act 30 
are to be taken, with effect from the commencing day, to be members of the 
Plant Breeder's Rights Advisory Committee established by section 63 of this 
Act. 
(2) Those members who were appointed by the Minister under 
section 45 of the old Act continue to hold office as if they had been appointed 35 
by the Minister under section 64 of the new Act on the same terms and 
conditions for the balance of the term of their respective appointments. 
(3) Any advice given to the Minister or to the Secretary by the Plant 
Variety Rights Advisory Committee has effect, on and after the commencing 
day, as if it -had been given by the Plant Breeder's Rights Advisory 40 
Committee. lP/Nil/ AUSIP/2 
Page 52 
Plant Breeder's Rights No. 110, 1994 
Register of Plant Varieties 
86. On and after the commencing day, the Register of Plant Varieties 
under the old Act is taken to form part of the Register of Plant Varieties under 
this Act. Plant Breeder's Rights No. 110, 1994 IPINIl! AUSIPI2 
Page 53 
SCHEDULE Subsection 3(1) 
(definition of "Convention") 
CONVENTION 
International Convention for the Protection 
of New Varieties of Plants of December 2, 1961, 
as revised at Geneva on November 10, 1972, 
on October 23, 1978, and on March 19, 1991 
List of Articles 
Chapter I: Definitions 
Article 1: Definitions 
Chapter 11: General Obligations of the Contracting Parties 
Article 2: Basic Obligation of the Contracting Parties 
Article 3: Genera and Species to be Protected 
Article 4: National Treatment 
Chapter Ill: Conditions for the Grant of the Breeder's Right 
Article 5: Conditions of Protection 
Article 6: Novelty 
Article 7: Distinctness 
Article 8: Uniformity 
Article 9: Stability 
Chapter IV: Application for the Grant of the Breeder's Right 
Article 10: Filing of Applications 
Article 11: Right of Priority 
Article 12: Examination of the Application 
Article 13: Provisional Protection 
Chapter V: The Rights of the Breeder 
Article 14: Scope of the Breeder's Right 
Article 15: Exceptions to the Breeder's Right 
Article 16: Exhaustion of the Breeder's Right 
Article 17: Restrictions on the Exercise of the Breeder's Right 
Article 18: Measures Regulating Commerce 
Article 19: Duration of the Breeder's Right IP/N/l! A US/P/2 
Page 54 
Chapter VI: 
Article 20: 
Chapter VII: 
Article 21: 
Article 22: 
Chapter VIII: 
Article 23: 
Article 24: 
Article 25: 
Article 26: 
Article 27: 
Article 28: 
Article 29: 
Chapter IX: 
Article 30: 
Article 31: 
Article 32: 
Chapter X: 
Article 33: 
Article 34: 
Article 35: 
Article 36: 
Article 37: 
Article 38: 
Article 39: 
Article 40: 
Article 41: 
Article 42: Plant Breeder's Rights No. 110, 1994 
SCHEDULE--continued 
Variety Denomination 
Vari.ety Denomination 
Nullity and Cancellation of the Breeder's Right 
Nullity of the Breeder's Right 
Cancellation of the Breeder's Right 
The Union 
Members 
Legal Status and Seat 
Organs 
The Council 
The Office of the Union 
Languages 
Finances 
Implementation of the Convention; Other 
Agreements 
Implementation of the Convention 
Relations Between Contracting Parties and States 
Bound by Earlier Acts 
Special Agreements 
Final Provisions 
Signature 
Ratification, Acceptance or Approval; Accession 
Reservations 
Communications Concerning Legislation and the 
Genera and Species Protected; Information to be 
Published 
Entry into Force; Closing of Earlier Acts 
Revision of the Convention 
Denunciation 
Preservation of Existing Rights 
Original and Official Texts of the Convention 
Depositary Functions Plant Breeder's Rights No. 110, 1994 
SCHEDULE--continued 
CHAPTER I 
DEFINITIONS 
Article 1 
Definitions 
For the purposes of this Act: IP/NI1 IAUSIP12 
Page 55 
(i) "this Convention" means the present (1991) Act of the International 
Convention for the Protection of New Varieties of Plants; 
(ii) "Act of 1961/1972" means the International Convention for the 
Protection of New Varieties of Plants of December 2, 1961, as amended by 
the Additional Act of November 10, 1972; 
(iii) "Act of 1978" means the Act of October 23, 1978, of the 
International Convention for the Protection of New Varieties of Plants; 
(iv) "breeder" means 
-the person who bred, or discovered and developed, a variety, 
-the person who is the employer of the aforementioned person or who 
has commissioned the latter's work, where the laws of the relevant 
Contracting Party so provide, or 
-the successor in title of the first or second aforementioned person, as 
the case may be; 
(v) "breeder's right" means the right of the breeder provided for in this 
Convention; 
(vi) "variety" means a plant grouping within a single botanical taxon of 
the lowest known rank, which grouping, irrespective of whether the 
conditions for the grant of a breeder's right are fully met, can be 
-defined by the expression of the characteristics resul ting from a given 
genotype or combination of genotypes, 
-distinguished from any other plant grouping by the expression of at 
least one of the said characteristics and 
-considered as a unit with regard to its suitability for being propagated 
unchanged; 
(vii) "Contracting Party" means a State or an intergovernmental 
organization party to this Convention; 
(viii) "territory," in relation to a Contracting Party, means, where the 
Contracting Party is a State, the territory of that State and, where the 
Contracting Party is an intergovernmental organization, the territory in 
which the constituting treaty of that intergovernmental organization applies; 
(ix) "authority" means the authority referred to in Article 30(1)(ii); IPINIl! AUS/P/2 
Page 56 
Plant Breeders Rights No. 110, 1994 
SCHEDULE-continued 
(x) "Union" means the Union for the Protection of New Varieties of 
Plants founded by the Act of 1961 and further mentioned in the Act of 1972, 
the Act of 1978 and in this Convention; 
(xi) "member of the Union" means a State party to the Act of 1961/1972 
or the Act of 1978, or a Contracting Party. 
CHAPTERII 
GENERAL OBLIGATIONS OF THE CONTRACTING PARTIES 
Article 2 
Basic Obligation of the Contracting Parties 
Each Contracting Party shall grant and protect breeders' rights. 
Article 3 
Genera and Species to be Protected 
(1) [States already members of the Union] Each Contracting Party which 
is bound by the Act of 1961/1972 or the Act of 1978 shall apply the 
provisions of this Convention, 
(i) at the date on which it becomes bound by this Convention, to all plant 
genera and species to which it applies, on the said date, the provisions of the 
Act of 1961/1972 or the Act of 1978 and, 
(ii) at the latest by the expiration of a period of five years after the said 
date, to all plant genera and species. 
(2) [New members of the Union] Each Contracting Party which is not 
bound by the Act of 1961/1972 or the Act of 1978 shall apply the provisions 
of this Convention, 
(i) at the date on which it becomes bound by this Convention, to at least 
15 plant genera or species and, 
(ii) at the latest by the expiration of a period of 10 years from the said 
date, to all plant genera and species. 
Article 4 
National Treatment 
(1) [Treatment] Without prejudice to the rights specified in this 
Convention, nationals of a Contracting Party as well as natural persons 
resident and legal entities having their registered offices within the territory' 
of a Contracting Party shall, insofar as the grant and protection of breeders' 
rights are .concerned, enjoy within the territory of each other Contracting IP/N/lIAUSIP12 
1 B d 'R' h ATo. 110, 1994 Page 57 Pant ree er S 19 ts lVl 
SCHEDULE-continued 
Party the same treatment as is accorded or may hereafter be accorded by the 
laws of each such other Contracting Party to its own nationals, provided that 
the said nationals, natural persons or legal entities comply with the 
conditions and formalities imposed on the nationals of the said other 
Contracting Party. 
(2) ["Nationals"] For the purposes of the preceding paragraph, 
"nationals" means, where the Contracting Party is a State, the nationals of 
that State and, where the Contracting Party is an intergovernmental 
organization, the nationals of the States which are members of that 
organization. 
CHAPTER III 
CONDITIONS FOR THE GRANT OF THE BREEDER'S RIGHT 
Article 5 
Conditions of Protection 
(1) [Criteria to be satisfied] The breeder's right shall be granted where 
the variety is 
(i) new, 
(ii) distinct, 
(iii) uniform and 
(iv) stable. 
(2) [Other conditions] The grant of the breeder's right shall not be subject 
to any further or different conditions, provided that the variety is designated 
by a denomination in accordance with the provisions of Article 20, that the 
applicant complies with the formalities provided for by the law of the 
Contracting Party with whose authority the application has been filed and 
that he pays the required fees. 
Article 6 
Novelty 
(1) [Criteria] The variety shall be deemed to be new if, at the date of filing 
of the application for a breeder's right, propagating or harvested material of 
the variety has not been sold or otherwise disposed of to others, by or with 
the consent of the breeder, for purposes of exploitation of the variety 
(i) in the territory of the Contracting Party in which the application has 
been filed earlier than one year before that date and 
(ii) in a territory other than that of the Contracting Party in which the 
application has been filed earlier than four years or, in the case of trees or of 
vines, earlier than six years before the said date. IP/N/lIAUS/P/2 
Page 58 
Plant Breeders Rights No. 110, 1994 
SCHEDULE-continued 
(2) [Varieties of recent creation] Where a Contracting Party applies this 
Convention to a plant genus or species to which it did not previously apply 
this Convention or an earlier Act, it may consider a variety ofrecent creation 
existing at the date of such extension of protection to satisfy the condition of 
novelty defined in paragraph (1) even where the sale or disposal to others 
described in that paragraph took place earlier than the time limits defined in 
that paragraph. 
(3) [HTerritory" in certain cases] For the purposes of paragraph (1), all 
the Contracting Parties which are member States of one and the same 
intergovernmental organization may act jointly, where the regulations of that 
organization so require, to assimilate acts done on the territories of the States 
members of that organization to acts done on their own territories and, should 
they do so, shall notify the Secretary-General accordingly. 
Article 7 
Distinctness 
The variety shall be deemed to be distinct if it is clearly distinguishable 
from any other variety whose existence is a matter of common knowledge 
at the time of the filing of the application. In particular, the fiiing of an 
application for the granting of a breeder's right or for the entering of another 
variety in an official register of varieties, in any country, shall be deemed to 
render that other variety a matter of common knowledge from the date of the 
application, provided that the application leads to the granting of a breeder's 
right or to the entering of the said other variety in the official register of 
varieties, as the case may be. 
Article 8 
Uniformity 
The variety shall be deemed to be uniform if, subject to the variation that 
may be expected from the particular features of its propagation, it is 
sufficiently uniform in its relevant characteristics. 
Article 9 
Stability 
The variety shall be deemed to be stable if its relevant characteristics 
remain unchanged after repeated propagation or, in the case of a particular 
cycle of propagation, at the end of each such cycle. IP/N/l! AUS/P/2 
Page 59 
Plant Breeders Rights No. 110, 1994 
SCHEDULE-continued 
CHAPTER IV 
APPLICATION FOR THE GRANT OF THE BREEDER'S RIGHT 
Article 10 
Filing of Applications 
(1) [Place of first application] The breeder may choose the Contracting 
Party with whose authority he wishes to file his first application for a 
breeder's right. 
(2) [Time of subsequent applications] The breeder may apply to the 
authorities of other Contracting Parties for the grant of breeders' rights 
without waiting for the grant to him of a breeder's right by the authority of 
the Contracting Party with which the first application was filed. 
(3) [Independence of protection] No Contracting Party shall refuse to 
grant a breeder's right or limit its duration on the ground that protection for 
the same variety has not been applied for, has been refused or has expired in 
any other State or intergovernmental organization. 
Article 11 
Right of Priority 
(1) [The right; its period] Any breeder who has duly filed an application 
for the protection of a variety in one of the Contracting Parties (the "first 
application") shall, for the purpose of filing an application for the grant of 
a breeder's right for the same variety with the authority of any other 
Contracting Party (the "subsequent application"), enjoy a right of priority 
for a period of 12 months. This period shall be computed from the date of 
filing of the first application. The day of filing shall not be included in the 
latter period. 
(2) [Claiming the right] In order to benefit from the right of priority, the 
breeder shall, in the subsequent application, claim the priority of the first 
application. The authority with which the subsequent application has been 
filed may require the breeder to furnish, within a period of not less than three 
months from the filing date of the subsequent application, a copy of the 
documents which constitute the first application, certified to be a true copy 
by the authority with which that application was filed, and samples or other 
evidence that the variety which is the subject matter of both applications is 
the same. 
(3) [Documents and material] The breeder shall be allowed a period of 
two years after the expiration of the period of priority or, where the first 
application 'is rejected or withdrawn, an appropriate time after such rejection IP/N/l! AUS/P/2 
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Plant Breeder's Rights No. 110, 1994 
SCHEDULE-continued 
or withdrawal, in which to furnish, to the authority of the Contracting Party 
with which he has filed the subsequent application, any necessary 
information, document or material required for the purpose of the 
examination under Article 12, as required by the laws of that Contracting 
Party. 
(4) [Events occurring during the period] Events occurring within the 
period provided for in paragraph (1), such as the filing of another application 
or the publication or use of the variety that is the subject of the first 
application, shall not constitute a ground for rejecting the subsequent 
application. Such events shall also not give rise to any third-party right. 
Article 12 
Examination of the Application 
Any decision to grant a breeder's right shall require an examination for 
compliance with the conditions under Articles 5 to 9. In the course of the 
examination, the authority may grow the variety or carry out other necessary 
tests, cause the growing of the variety or the carrying out of other necessary 
tests, or take into account the results of growing tests or other trials which 
have already been carried out. For the purposes of examination, the authority 
may require the breeder to furnish all the necessary information, documents 
or material. 
Article 13 
Provisional Protection 
Each Contracting Party shall provide measures designed to safeguard the 
interests of the breeder during the period between the filing or the publication 
of the application for the grant of a breeder's right and the grant of that right. 
Such measures shall have the effect that the holder of a breeder's right shall 
at least be entitled to equitable remuneration from any person who, during 
the said period, has carried out acts which, once the right is granted, require 
the breeder's authorization as provided in Article 14. A Contracting Party 
may provide that the said measures shall only take effect in relation to 
persons whom the breeder has notified of the filing of the application. 
CHAPTER V 
THE RIGHTS OF THE BREEDER 
Article 14 
Scope of the Breeder's Right 
(1) [Acts in respect of the propagating material] (a) Subject to Articles 
15 and 16, the following acts in respect of the propagating material of the 
protected variety shall require the authorization of the breeder: Plant Breeder's Rights No. 110, 1994 
SCHEDULE-continued 
(i) production or reproduction (multiplication), 
(ii) for the purpose of propagation, 
(iii) offering for sale, 
(iv) selling or other marketing, 
(v) exporting, 
(vi) importing, IP/N/l! AUS/P/2 
Page 61 
(vii) stocking for any of the purposes mentioned in (i) to (iv) above. 
(b) The breeder may make his authorization subject to conditions and 
limitations. 
(2) [Acts in respect o/the harvested material] Subject to Articles 15 and 
16, the acts referred to in items (i) to (vii) of paragraph (l)(a) in respect of 
harvested material, including entire plants and parts of plants, obtained 
through the unauthorized use of propagating material of the protected variety 
shall require the authorization of the breeder, unless the breeder has had 
reasonable opportunity to exercise his right in relation to the said propagating 
material. 
(3) [Acts in respect of certain products] Each Contracting Party may 
provide that, subject to Articles 15 and 16, the acts referred to in items (i) to 
(vii) of paragraph (1)(a) in respect of products made directly from harvested 
material of the protected variety falling within the provisions of paragraph 
(2) through the unauthorized use of the said harvested material shall require 
the authorization of the breeder, unless the breeder has had reasonable 
opportunity to exercise his right in relation to the said harvested material. 
(4) [Possible additional acts] Each Contracting Party may provide that, 
subject to Articles 15 and 16, acts other than those referred to in items (i) to 
(vii) of paragraph (1)( a) shall also require the authorization of the breeder. 
(5) [Essentially derived and certain other varieties] (a) The provisions of 
paragraphs (1) to (4) shall also apply in relation to 
(i) varieties which are essentially derived from the protected variety, 
where the protected variety is not itself an essentially derived variety, 
(ii) varieties which are not clearly distinguishable in accordance with 
Article 7 from the protected variety and 
(iii) varieties whose production requires the repeated use of the protected 
variety. 
(b) For the purposes of subparagraph (a)(i), a variety shall be deemed to 
be essentially derived from another variety ("the initial variety") when 
(i) it is predominantly derived from the initial variety, or from a variety 
that is itself predominantly derived from the initial variety, while retaining 
the expression of the essential characteristics that result from the genotype 
or combination of genotypes of the initial variety, IP/N/lIAUS/P/2 
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(ii) it is clearly distinguishable from the initial variety and 
(iii) except for the differences which result from the act of derivation, it 
conforms to the initial variety in the expression of the essential 
characteristics that result from the genotype or combination of genotypes of 
the initial variety. 
(c) Essentially derived varieties may be obtained for example by the 
selection of a natural or induced mutant, or of a somaclonal variant, the 
selection of a variant individual from plants of the initial variety, 
backcrossing, or transformation by genetic engineering. 
Article 15 
Exceptions to the Breeder's Right 
(1) [Compulsory exceptions] The breeder's right shall not extend to 
(i) acts done privately and for non-commercial purposes, 
(ii) acts done for experimental purposes and 
(iii) acts done for the purpose of breeding other varieties, and, except 
where the provisions of Article 14(5) apply, acts referred to in Article 14(1) 
to (4) in respect of such other varieties. 
(2) [Optional exception] Notwithstanding Article 14, each Contracting 
Party may, within reasonable limits and subject to the safeguarding of the 
legitimate interests of the breeder, restrict the breeder's right in relation to 
any variety in order to permit farmers to use for propagating purposes, on 
their own holdings, the product of the harvest which they have obtained by 
planting, on their own holdings, the protected variety or a variety covered by 
Article 14(5)(a)(i) or (ii). 
Article 16 
Exhaustion of the Breeder's Right 
(1) [Exhaustion of right] The breeder's right shall not extend to acts 
concerning any material of the protected variety, or of a variety covered by 
the provisions of Article 14(5), which has been sold or otherwise marketed 
by the breeder or with his consent in the territory of the Contracting Party 
concerned, or any material derived from the said material, unless such acts 
(i) involve further propagation of the variety in question or 
(ii) involve an export of material of the variety, which enables the 
propagation of the variety, into a country which does not protect varieties of 
the plant genus or species to which the variety belongs, except where the 
exported material is for final consumption purposes. 
(2) [Meaning of "material"] For the purposes of paragraph (1), 
"material'l. means, in relation to a variety, Plant Breeder's Rights No. 110, 1994 
SCHEDULE-continued 
(i) propagating material of any kind, IPINIl! AUSIP12 
Page 63 
(ii) harvested material, including entire plants and parts of plants, and 
(iii) any product made directly from the harvested material. 
(3) ["Territory" in certain cases] For the purposes of paragraph (1), all 
the Contracting Parties which are member States of one and the same 
intergovernmental organization may act jointly, where the regulations of that 
organization so require, to assimilate acts done on the territories of the States 
members of that organization to acts done on their own territories and, should 
they do so, shall notify the Secretary-General accordingly. 
Article 17 
Restrictions on the Exercise of the Breeder's Right 
(1) [Public interest] Except where expressly provided in this Convention, 
no Contracting Party may restrict the free exercise of a breeder's right for 
reasons other than of public interest. 
(2) [Equitable remuneration] When any such restriction has the effect of 
authorizing a third party to perform any act for which the breeder's 
authorization is required, the Contracting Party concerned shall take all 
measures necessary to ensure that the breeder receives equitable 
remuneration. 
Article 18 
Measures Regulating Commerce 
The breeder's right shall be independent of any measure taken by a 
Contracting Party to regulate within its territory the production, certification 
and marketing of material of varieties or the importing or exporting of such 
material. In any case, such measures shall not affect the application of the 
piQ.visions of this Convention. 
Article 19 
Duration of the Breeder's Right 
(1) [Period o/protection] The breeder's right shall be granted for a fixed 
period. 
(2) [Minimum period] The said period shall not be shorter than 20 years 
from the date of the grant of the breeder's right. For trees and vines, the said 
period shall n.ot be shorter than 25 years from the said date. IP/N/lIAUS/P/2 
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SCHEDULE-continued 
CHAPTER VI 
VARIETY DENOMINATION 
Article 20 
Variety Denomination 
(1) [Designation of varieties by denominations; use of the denomination] 
(a) The variety shall be designated by a denomination which will be its 
generic designation. 
(b) Each Contracting Party shall ensure that, subject to paragraph (4), no 
rights in the designation registered as the denomination of the variety shall 
hamper the free use of the denomination in connection with the variety, even 
after the expiration of the breeder's right. 
(2) [Characteristics of the denomination] The denomination must enable 
the variety to be identified. It may not consist solely of figures except where 
this is an established practice for designating varieties. It must not be liable 
to mislead or to cause confusion concerning the characteristics, value or 
identity of the variety or the identity of the breeder. In particular, it must be 
different from every denomination which designates, in the territory of any 
Contracting Party, an existing variety of the same plant species or of a closely 
related species. 
(3) [Registration of the denomination] The denomination of the variety 
shall be submitted by the breeder to the authority. If it is found that the 
denomination does not satisfy the requirements of paragraph (2), the 
authority shall refuse to register it and shall require the breeder to propose 
another denomination within a prescribed period. The denomination shall be 
registered by the authority at the same time as the breeder's right is granted. 
(4) [Prior rights of third persons] Prior rights of third persons shall not 
be affected. If, by reason of a prior right, the use of the denomination of a 
variety is forbidden to a person who, in accordance with the provisions of 
paragraph (7), is obliged to use it, the authority shall require the breeder to 
submit another denomination for the variety. 
(5) [Same denomination in all Contracting Parties] A variety must be 
submitted to all Contracting Parties under the same denomination. The 
authority of each Contracting Party shall register the denomination so 
submitted, unless it considers the denomination unsuitable within its 
territory. In the latter case, it shall require the breeder to submit another 
denomination. 
(6) [Information among the authorities of Contracting Parties] The 
authority of a Contracting Party shall ensure that the authorities of all the 
other Contracting Parties are informed of matters concerning variety Plant Breeder's Rights No. 110, 1994 
SCHEDULE-continued IPINIl! AUS/PI2 
Page 65 
denominations, in particular the submission, registration and cancellation of 
denominations. Any authority may address its observations, if any, on the 
registration of a denomination to the authority which communicated that 
denomination. 
(7) [Obligation to use the denomination] Any person who, within the 
territory of one of the Contracting Parties, offers for sale or markets 
propagating material of a variety protected within the said territory shall be 
obliged to use the denomination of that variety, even after the expiration of 
the breeder's right in that variety, except where, in accordance with the 
provisions of paragraph (4), prior rights prevent such use. 
(8) [Indications used in association with denominations] When a variety 
is offered for sale or marketed, it shall be permitted to associate a trademark, 
trade name or other similar indication with a registered variety 
denomination. If such an indication is so associated, the denomination must 
nevertheless be easily recognizable. 
CHAPTER VII 
NULLITY AND CANCELLATION OF THE BREEDER'S RIGHT 
Article 21 
Nullity of the Breeder's Right 
(1) [Reasons ofnullity] Each Contracting Party shall declare a breeder's 
right granted by it null and void when it is established 
(i) that the conditions laid down in Articles 6 or 7 were not complied 
with at the time of the grant of the breeder's right, 
(ii) that, where the grant of the breeder's right has been essentially based 
upon information and documents furnished by the breeder, the conditions 
laid down in Articles 8 or 9 were not complied with at the time of the grant 
of the breeder's right, or 
(iii) that the breeder's right has been granted to a person who is not 
entitled to it, unless it is transferred to the person who is so entitled. 
(2) [Exclusion of other reasons] No breeder's right shall be declared null 
and void for reasons other than those referred to in paragraph (1). 
Article 22 
Cancellation of the Breeder's Right 
(1) [Reasons for cancellation] (a) Each Contracting Party may cancel a 
breeder's right granted by it if it is established that the conditions laid down 
in Articles 8. or 9 are no longer fulfilled. IPINll! AUS/P/2 
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Plant Breeder's Rights No. 110, 1994 
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(b) Furthermore, each Contracting Party may cancel a breeder's right 
granted by it if, after being requested to do so and within a prescribed period, 
(i) the breeder does not provide the authority with the information, 
documents or material deemed necessary for verifying the maintenance of 
the variety, 
(ii) the breeder fails to pay such fees as may be payable to keep his right 
in force, or 
(iii) the breeder does not propose, where the denomination of the variety 
is cancelled after the grant of the right, another suitable denomination. 
(2) [Exclusion of other reasons] No breeder's right shall be cancelled for 
reasons other than those referred to in paragraph (1). 
CHAPTER VIII 
THE UNION 
Article 23 
Members 
The Contracting Parties shall be members of the Union. 
Article 24 
Legal Status and Seat 
(1) [Legal personality] The Union has legal personality. 
(2) [Legal capacity] The Union enjoys on the territory of each 
Contracting Party, in conformity with the laws applicable in the said territory, 
such legal capacity as may be necessary for the fulfillment of the objectives 
of the Union and for the exercise of its functions. 
(3) [Seat] The seat ofthe Union and its permanent organs are at Geneva. 
(4) [Headquarters agreement] The Union has a headquarters agreement 
with the Swiss Confederation. 
Article 25 
Organs 
The permanent organs of the Union are the Council and the Office of the 
Union. 
Article 26 
The Council 
(1) [Composition] The Council shall consist of the representatives of the 
members of the Union. Each member of the Union shall appoint one 
representative to the Council and one alternate. Representatives or alternates 
may be accClmpanied by assistants or advisers. Plant Breeder's Rights No. 110, 1994 
SCHEDULE----ccontinued lP/N/V AUS/P/2 
Page 67 
(2) [Officers] The Council shall elect a President and a first 
Vice-President from among its members. It may elect other Vice-Presidents. 
The first Vice-President shall take the place of the President if the latter is 
unable to officiate. The President shall hold office for three years. 
(3) [Sessions] The Council shall meet upon convocation by its President. 
An ordinary session of the Council shall be held annually. In addition, the 
President may convene the Council at his discretion; he shall convene it, 
within a period of three months, if one-third of the members of the Union so 
request. 
(4) [Observers] States not members of the Union may be invited as 
observers to meetings of the Council. Other observers, as well as experts, 
may also be invited to such meetings. 
(5) [Tasks] The tasks of the Council shall be to: 
(i) study appropriate measures to safeguard the interests and to 
encourage the development of the Union; 
(ii) establish its rules of procedure; 
(iii) appoint the Secretary-General and, if it finds it necessary, a Vice 
Secretary-General and determine the terms of appointment of each; 
(iv) examine an annual report on the activities of the Union and lay down 
the program for its future work; 
(v) give to the Secretary-General all necessary directions for the 
accomplishment of the tasks of the Union; 
(vi) establish the administrative and financial regulations of the Union; 
(vii) examine and approve the budget of the Union and fix the contribution 
of each member of the Union; 
(viii) examine and approve the accounts presented by the 
Secretary -General; 
(ix) fix the date and place of the conferences referred to in Article 38 and 
take the measures necessary for their preparation; and 
(x) in general, take all necessary decisions to ensure the efficient 
functioning of the Union. 
(6) [Votes] (a) Each member of the Union that is a State shall have one 
vote in the Council. 
(b) Any Contracting Party that is an intergovernmental organization may, 
in matters within its competence, exercise the rights to vote of its member 
States that are members of the Union. Such an intergovernmental 
organization shall not exercise the rights to vote of its member States if its 
member Stat~s exercise their right to vote, and vice versa. IP/N/1/AUS/P/2 
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Plant Breeder's Rights No. 110, 1994 
SCHEDULE-continued 
(7) [Majorities] Any decision of the Council shall require a simple 
majority of the votes cast, provided that any decision of the Council under 
paragraphs (5)(ii), (vi) and (vii) and under Articles 28(3), 29(5)(b) and 38(1) 
shall require three fourths of the votes cast. Abstentions shall not be 
considered as votes. 
Article 27 
The Office of the Union 
(1) [Tasks and direction of the Office] The Office of the Union shall carry 
out all the duties and tasks entrusted to it by the Council. It shall be under the 
direction of the Secretary-General. 
(2) [Duties of the Secretary-General] The Secretary-General shall be 
responsible to the Council; he shall be responsible for carrying out the 
decisions of the Council. He shall submit the budget of the Union for the 
approval of the Council and shall be responsible for its implementation. He 
shall make reports to the Council on his administration and the activities and 
financial position of the Union. 
(3) [Staff] Subject to the provisions of Article 26(5)(iii), the conditions 
of appointment and employment of the staff necessary for the efficient 
performance of the tasks of the Office of the Union shall be fixed in the 
administrative and financial regulations. 
Article 28 
Languages 
(1) [Languages of the Office] The English, French, German and Spanish 
languages shall be used by the Office of the Union in carrying out its duties. 
(2) [Languages in certain meetings] Meetings of the Council and of 
revision conferences shall be held in the four languages. 
(3) [Further languages] The Council may decide that further languages 
shall be used. 
Article 29 
Finances 
(1) [Income] The expenses of the Union shall be met from 
(i) the annual contributions of the States members of the Union, 
(ii) payments received for services rendered, 
(iii) miscellaneous receipts. 
(2) [Contributions: units] (a) The share of each State member of the' 
Union in the total amount of the annual contributions shall be determined by 
reference 1'0 the total expenditure to be met from the contributions of the IP/N/lIAUS/P/2 
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Plant Breeders Rights No. 110, 1994 
SCHEDULE-continued 
States members of the Union and to the number of contribution units 
applicable to it under paragraph (3). The said share shall be computed 
according to paragraph (4). 
(b) The number of contribution units shall be expressed in whole numbers 
or fractions thereof, provided that no fraction shall be smaller than one-fifth. 
(3) [Contributions: share of each member] (a) The number of 
contribution units applicable to any member of the Union which is party to 
the Act of 1961/1972 or the Act of 1978 on the date on which it becomes 
bound by this Convention shall be the same as the number applicable to it 
immediately before the said date. 
(b) Any other State member of the Union shall, on joining the Union, 
indicate, in a declaration addressed to the Secretary-General, the number of 
contribution units applicable to it. 
(c) Any State member of the Union may, at any time, indicate, in a 
declaration addressed to the Secretary-General, a number of contribution 
units different from the number applicable to it under subparagraph (a) or (b). 
Such declaration, if made during the first six months of a calendar year, shall 
take effect from the beginning of the subsequent calendar year; otherwise, 
it shall take effect from the beginning of the second calendar year which 
follows the year in which the declaration was made. 
(4) [Contributions: computation of shares] (a) For each budgetary 
period, the amount corresponding to one contribution unit shall be obtained 
by dividing the total amount of the expenditure to be met in that period from 
the contributions of the States members of the Union by the total number of 
units applicable to those States members of the Union. 
(b) The amount of the contribution of each State member of the Union 
shall be obtained by multiplying the amount corresponding to one 
contribution unit by the number of contribution units applicable to that State 
member of the Union. 
(5) [Arrears in contributions] (a) A State member of the Union which is 
in arrears in the payment of its contributions may not, subject to 
subparagraph (b), exercise its right to vote in the Council if the amount of its 
arrears equals or exceeds the amount of the contribution due from it for the 
preceding full year. The suspension of the right to vote shall not relieve such 
State member of the Union of its obligations under this Convention and shall 
not deprive it of any other rights thereunder. 
(b) The Council may allow the said State member of the Union to 
continue to exercise its right to vote if, and as long as, the Council is satisfied 
that the delay in payment is due to exceptional and unavoidable 
circumstanc~s. IPINIl! AUSIP12 
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Plant Breeders Rights No. 110, 1994 
SCHEDULE-continued 
(6) [Auditing of the accounts] The auditing of the accounts of the Union 
shall be effected by a State member of the Union as provided in the 
administrative and financial regulations. Such State member of the Union 
shall be designated, with its agreement, by the Council. 
(7) [Contributions of intergm'ernmental organizations] Any Contracting 
Party which is an intergovernmental organization shall not be obliged to pay 
contributions. If, nevertheless, it chooses to pay contributions, the provisions 
of paragraphs (1) to (4) shall be applied accordingly. 
CHAPTER IX 
IMPLEMENTATION OF THE CONVENTION; 
OTHER AGREEMENTS 
Article 30 
Implementation of the Convention 
(1) [Measures of implementation] Each Contracting Party shall adopt all 
measures necessary for the implementation of this Convention; in particular, 
it shall: 
(i) provide for appropriate legal remedies for the effective enforcement 
of breeders' rights; 
(ii) maintain an authority entrusted with the task of granting breeders' 
rights or entrust the said task to an authority maintained by another 
Contracting Party; 
(iii) ensure that the public is informed through the regular publication of 
information concerning 
-applications for and grants of breeders' rights, and 
-proposed and approved denominations. 
(2) LConformity of laws] It shall be understood that, on depositing its 
instrument of ratification, acceptance, approval or accession, as the case may 
be, each State or intergovernmental organization must be in a position, under 
its laws, to give effect to the provisions of this Convention. 
Article 31 
Relations Between Contracting Parties 
and States Bound by Earlier Acts 
(1) [Relations between States bound by this Convention] Between States 
members of the Union which are bound both by this Convention and any 
earlier Act of the Convention, only this Convention shall apply. IPINIl! AUSIP/2 
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Plant Breeder's Rights No. 110, 1994 
SCHED U LE----c on tin ued 
(2) [Possible relations with States not bound by this Convention] Any 
State member of the Union not bound by this Convention may declare, in a 
notification addressed to the Secretary-General, that, in its relations with 
each member of the Union bound only by this Convention, it will apply the 
latest Act by which it is bound. As from the expiration of one month after the 
date of such notification and until the State member of the Union making the 
declaration becomes bound by this Convention, the said member of the 
Union shall apply the latest Act by which it is bound in its relations with each 
of the members of the Union bound only by this Convention, whereas the 
latter shall apply this Convention in respect of the former. 
Article 32 
Special Agreements 
Members of the Union reserve the right to conclude among themselves 
special agreements for the protection of varieties, insofar as such agreements 
do not contravene the provisions of this Convention. 
CHAPTER X 
FINAL PROVISIONS 
Article 33 
Signature 
This Convention shall be open for signature by any State which is a 
member of the Union at the date of its adoption. It shall remain open for 
signature until March 31, 1992. 
Article 34 
Ratification, Acceptance or Approval; Accession 
(1) [States and certain intergovernmental organizations] (a) Any State 
may, as provided in this Article, become party to this Convention. 
(b) Any intergovernmental organization may, as provided in this Article, 
become party to this Convention if it 
(i) has competence in respect of matters governed by this Convention, 
(ii) has its own legislation providing for the grant and protection of 
breeders' rights binding on all its member States and 
(iii) has been duly authorized, in accordance with its internal procedures, 
to accede to this Convention. 
(2) [Instrument of adherence] Any State which has signed this 
Convention shall become party to this Convention by depositing an 
instrument of ratification, acceptance or approval of this Convention. Any IPINIl! AUS/PI2 
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Plant Breeder's Rights No. 110, 1994 
SCHEDULE---continued 
State which has not signed this Convention and any intergovernmental 
organization shall become party to this Convention by depositing an 
instrument of accession· to this Convention. Instruments of ratification, 
acceptance, approval or accession shall be deposited with the 
Secretary-General. 
(3) [Advice Of the Council] Any State which is not a member of the Union 
and any intergovernmental organization shall, before depositing its 
instrument of accession, ask the Council to advise it in respect of the 
conformity of its laws with the provisions of this Convention. If the decision 
embodying the advice is positive, the instrument of accession may be 
deposited. 
Article 35 
Reservations 
(1) [Principle] SubjeCt to paragraph (2), no reservations to this 
Convention are permitted. 
(2) [Possible exception] (a) Notwithstanding the provisions of Article 
3(1), any State which, at the time of becoming party to this Convention, is 
a party to the Act of 1978 and which, as far as varieties reproduced asexually 
are concerned, provides for protection by an industrial property title other 
than a breeder's right shall have the right to continue to do so without 
applying this Convention to those varieties. 
(b) Any State making use of the said right shall, at the time of depositing 
its instrument of ratification, acceptance, approval or accession, as the case 
may be, notify the Secretary-General accordingly. The same State may, at 
any time, withdraw the said notification. 
Article 36 
Communications Concerning Legislation and the Genera and Species 
Protected; Information to be Published 
(1) [Initial notification] When depositing its instrument of ratification, 
acceptance or approval of or accession to this Convention, as the case 
may be, any State or intergovernmental organization shall notify the 
Secretary-General of 
(i) its legislation governing breeders' rights and 
(ii) the list of plant genera and species to which, on the date on which it 
will become bound by this Convention, it will apply the provisions of this 
Convention. 
(2) [Notification of changes] Each Contracting Party shall promptly 
notify the Secretary-General of IP/N/lIAUS/P/2 
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Plant Breeders Rights No. 110, 1994 
SCHEDUL~ontinued 
(i) any changes in its legislation governing breeders' rights and 
(ii) any extension of the application of this Convention to additional 
plant genera and species. 
(3) [Publication of the information] The Secretary-General shall, on the 
basis of communications received from each Contracting Party concerned, 
publish information on 
(i) the legislation governing breeders' rights and any changes in that 
legislation, and 
(ii) the list of plant genera and species referred to in paragraph (1 )(ii) and 
any extension referred to in paragraph (2)(ii). 
Article 37 
Entry into Force; Closing of Earlier Acts 
(1) [Initial entry into force] This Convention shall enter into force one 
month after five States have deposited their instruments of ratification, 
acceptance, approval or accession, as the case may be, provided that at least 
three of the said instruments have been deposited by States party to the Act 
of 1961/ 1972 or the Act of 1978. 
(2) [Subsequent entry into force] Any State not covered by paragraph (1) 
or any intergovernmental organization shall become bound by this 
Convention one month after the date on which it has deposited its instrument 
of ratification, acceptance, approval or accession, as the case may be. 
(3) [Closing of the 1978 Act] No instrument of accession to the Act of 
1978 may be deposited after the entry into force of this Convention according 
to paragraph (1), except that any State that, in conformity with the 
established practice of the General Assembly of the United Nations, is 
regarded as a developing country may deposit such an instrument until 
December 31, 1995, and that any other State may deposit such an instrument 
until December 31, 1993, even if this Convention enters into force before that 
date. 
Article 38 
Revision of the Convention 
(1) [Conference] This Convention may be revised by a conference of the 
members of the Union. The convocation of such conference shall be decided 
by the Council. 
(2) [Quorum and majority] The proceedings of a conference shall be 
effective only if at least half of the States members of the Union are 
represented at it. A majority of three quarters of the States members of the 
Union present and voting at the conference shall be required for the adoption 
of any revisipn. IP/N/I/ AUS/P/2 
Page 74 
Plant Breeder's Rights No. 110, 1994 
SCHEDULE-continued 
Article 39 
Denunciation 
(1) [Notifications] Any Contracting Party may denounce this Convention 
by notification addressed to the Secretary-General. The Secretary-General 
shall promptly notify all members of the Union of the receipt of that 
notification. 
(2) [Earlier Acts] Notification of the denunciation of this Convention 
shall be deemed also to constitute notification of the denunciation of any 
earlier Act by which the Contracting Party denouncing this Convention is 
bound. 
(3) [Effective date] The denunciation shall take effect at the end of the 
calendar year following the year in which the notification was received by 
the Secretary-General. 
(4) [Acquired rights] The denunciation shall not affect any rights 
acquired in a variety by reason of this Convention or any earlier Act prior to 
the date on which the denunciation becomes effective. 
Article 40 
Preservation of Existing Rights 
This Convention shall not limit existing breeders' rights under the laws 
of Contracting Parties or by reason of any earlier Act or any agreement other 
than this Convention concluded between members of the Union. 
Article 41 
Original and Official Texts of the Convention 
(1) [Original] This Convention shall be signed in a single original in the 
English, French and German languages, the French text prevailing in case of 
any discrepancy among the various texts. The original shall be deposited 
with the Secretary-General. 
(2) [Official texts] The Secretary-General shall, after consultation with 
the interested Governments, establish official texts of this Convention in the 
Arabic, Dutch, Italian, Japanese and Spanish languages and such other 
languages as the Council may designate. 
Article 42 
Depositary Functions 
(1) [Transmittal of copies] The Secretary-General shall transmit certified 
copies of this Convention to all States and intergovernmental organizations 
which were represented in the Diplomatic Conference that adopted this 
Convention and, on request, to any other State or intergovernmental 
organization. IP/N/lIAUS/P/2 
Page 75 
riant Breeders Rights No. llD, 1994 
SCHEDULE-continued 
(2) [Registration] The Secretary-General shall register this Convention 
with the Secretariat of the United Nations. 
[Ministers second reading speech made in­
Senate on 24 March 1994 
House of Representatives on 24 August 1994] 
Printed by Authority by the Commonwealth Govemment Printer (22194) IPINIl! AUSIP12 
Page 76 
Plant Variety Rights Act 1987 
Section 
1. 
2. 
3. 
4. 
5. Short title 
Commencement 
Interpretation 
Act to bind Crown 
Extent of Act No. 2 of 1987 
TABLE OF PROVISIONS 
PART I-PRELIMINARY 
PART II-ADMrNISTRATION 
6. Registrar of Plant Variety Rights 
7. Delegation 
8. Certain persons not to acquire plant variety rights 
9. Register of Plant Variety Rights 
10. GenetiC resources centres 
11. Public notice 
PART III-PLANT VARIETY RIGHTS 
Division I-Preliminary 
12. Plal1t variety rights 
13. Plant variety rights to be granted in relation to certain varieties only 
14. Plant variety rights not to be granted in respect of varieties previously sold 
11889/87 Cat. No. 8741399 TABLE OF PROVISIONS-continued IP/N/lIAUS/P/2 
Page 77 
Section 
IS. 
16. 
17. 
18. 
19. 
20. 
21. 
22. 
23. 
24. 
25: Division 2-App/ications for Plant Variety Rights 
Application for plant variety rights 
Form of application 
Names of new plant varieties 
Lodging of applications 
Variation of application 
Objections to grant of plant variety rights 
Inspection of applications and objections 
Provisional protection 
Characteristics of plant varieties originated outside Australia 
Test growing of plant varieties . 
Withdrawal of application 
Division 3-Grant of Plant Variety Rights 
26. Grant of plant variety rights 
27. Entry of grant of plant variety rights 
28. Notice of grant of plant variety rights 
29. Effect of grant on certain persons 
Division 4-Miscellaneous 
30. Nature of plant variety rights 
31. Assignment of plant variety rights 
32. Duration of plant variety rights 
33. Supply of reproductive material, &c. 
34. Plant variety rights subject to conditions 
35. Revocation of plant variety rights 
36. Surrender of plant variety rights 
37. Entry of particulars of revocation, &c. 
38. Plant variety rights not to restrict sales for food, fibre, fuel, &c. 
39. Protection of public interest in new plant varieties 
40. Infringement of plant variety rights 
41. Actions for infringement of plant variety rights 
42. Declaration as to non-infringement 
43. Jurisdiction of Court 
PART IV-PLANT VARIETY RIGHTS ADVISORY COMMITTEE 
44. Establishment of Advisory Committee 
45. Membership of Advisory Committee 
46. Remuneration and allowances 
47. Disclosure of interests 
48. Meetings 
PART V-MISCELLANEOUS 
49. Inspection of Register 
50. Agents may act in plant variety rights matters 
51. Service of documents 
52. Offences 
53. Applications for review 
54. Statement to accompany notice of decisions 
55. Regulations 
SCHEDULE 
CONVENTION IP/NIlIAUS/P/2 . 
Page 78 
Plant Variety Rights Act 1987 
No. 2 of 1987 
An Act to provide for the granting of proprietary rights to 
persons originating certain new plant varieties, and for 
related purposes 
[Assented to 13 March 1987] 
BE IT ENACTED by the Queen, and the Senate and the House of 
Representatives of the Commonwealth of Australia, as follows: 
PART I-PRELIMINARY 
Short title 
5 1. This Act may be cited as the Plant Variety Rights Act 1987. 
Commencement 
2. This Act shall come into operation on a day to be fixed by 
Proclamation. 
Interpretation 
10 3. (1) In this Act, unless the contrary intention appears-
"accepted", in relation to an application, means accepted by the Secretary 
under section 18: Plant Variety Rights No. 2, 1987 IPINIl! AUSIP/2 
Page 79 
"Advisory Committee" means the Plant Variety Rights Advisory 
Committee established by section 44; 
"applicant", in relation to an application, means the person for the time 
being shown in the application as the person making the 
application; 5 
"application" means an application under section 15 for plant variety 
rights in respect of a new plant variety to which this Act applies; 
"breeder", in relation to a new plant variety, means-
(a) subject to paragraph (c), in the case of a variety originated 
by one person only:-that person; 10 
(b) subject to paragraph (c), in the case of a yariety priginated 
by 2 or more persons (whether jointly, independently at the 
same time, independently at different times or otherwise)­
each of those persons; or 
( c) in the case of a variety originated- 15 
(i) by a person in the course of performing duties or 
functions as a member or employee of a body 
(whether incorporate or unincorporate); or 
(ii) by 2 or more persons in the course of performing 
duties as members or employees of such a body, 20 
the body of which that person is a member or employee, or 
of which those persons are members or employees, as the 
case may be; 
"Convention" means the International Convention for the Protection of 
New Varieties of Plants, a copy of the English text of which is set 25 
out in the Schedule; 
"Court" means the Federal Court of Australia; 
"genetic resources centre" means-
(a) a place known as a Plant Genetic Resources Centre; or 
(b) a place that is a genetic resources centre because of a 30 
declaration in force under sub-section 10 (1); 
"grantee", in relation to plant variety rights, means the person for the 
time being entered on the Register as the grantee of those rights; 
"member" means a member of the Advisory Committee, and includes 
the Registrar; 35 
"new plant variety" means a plant variety that-
(a) was originated by a person; 
(b) is homogeneous having regard to the particular features of 
its sexual reproduction or vegetative propagation; 
(c) is stable; and 40 IPINIl! AUSIP12 
Page 80 
Plant Variety Rights No. 2. 1987 
(d) is distinguishable by one or more important morphological, 
physiological or other characteristics from all other plant 
varieties whose existence was a matter of public knowledge 
at the time when the application in respect of the variety 
5 was made; 
"plant" does not include fungus, alga or bacterium; 
"plant variety" includes cultivar, clone, hybrid and strain; 
"plant variety rights" means the rights specified in section 12; 
"Register" means the Register of Plant Variety Rights kept in pursuance 
10 of section 9; 
"Registrar" means the Registrar of Plant Variety Rights; 
"reproductive material", in relation to a plant, means­
(a) a seed of that plant; 
(b) a cutting from that plant; or 
15 (c) any other part, or product, of that plant, from which another 
plant can be produced; 
"Secretary" means the Secretary to the Department; 
"sell", in relation to a plant or reproductive material of a plant, includes 
let on hire and exchange by way of barter; 
20 "successor", in relation to a breeder of a new plant variety, means a 
person to whom the right of the breeder to make an application for 
plant variety rights in respect of that plant variety has been assigned 
or transmitted; 
"will" includes a codicil. 
25 (2) For the purpose of this Act, a plant variety in respect of which an 
application has been made shall be taken to be stable if, and only if, plants 
of the variety remain true to the description of a plant of the variety given 
in the application-
(a) except where paragraph Cb) applies-after repeated reproduction 
30 or propagation of plants of the variety; or 
(b) where the application specifies a particular cycle of reproduction or 
multiplication-at the end of each of those cycles. 
(3) For the purposes of this Act, where a plant variety is originated by 
the selective breeding of plants, the person who carried out that breeding 
35 shall be taken to have originated that variety. 
(4) For the purposes of this Act, where a plant variety is originated by 
a humanly induced genetic mutation, the person who induced that mutation 
shall be taken to have originated that variety. 
(5) Where-
40 (a) a person carries on activities in relation to particular plants or 
particular reproductive material of plants in the hope that a plant 
variety derived from those plants or that material will originate by 
natural processes; and Plant Variety Rights No. 2, 1987 IP/N/lIAUS/P/2 
Page 81 
(b) a plant variety so derived, or apparently so derived, originates by 
natural processes, 
that person shall be taken to have originated the plant variety referred to 
in paragraph (b). 
(6) A reference in this Act to a test growing of a plant variety is a 5 
reference to a test involving-
(a) the growing, or the production and growing, of plants, or of 2 or 
more generations of plants, of that variety at a place that is, and 
under conditions that are, appropriate for the growing of plants of 
that variety; 10 
(b) the observation of the characteristics, and the condition, of the 
plants grown at the various stages in their growth; and 
(c) the recording of those observations. 
(7) Where, for the purposes of this Act, the Secretary or another person 
(including a court and the Administrative Appeals Tribunal) is required to 15 
be satisfied that a plant variety in respect of which an application has been 
made is a new plant variety, that person shall, for the purpose of deciding 
whether the person is so satisfied, assume-
(a) that all the plant varieties whose existence was a matter of public 
knowledge when the application was made were constituted by, and 20 
constituted only by, the plant varieties that were in existence at the 
time when the application was made; and 
(b) that the only plant varieties that were in existence at the time when 
the application was made were the plant varieties of the existence 
of which at that time that person is aware after making such 25 
inquiries, and consulting such publications readily available in 
Australia, as that person considers appropriate. 
Act to bind Crown 
4. (1) This Act binds the Crown in right of the Commonwealth, of each 
of the States, of the Northern Territory and of Norfolk Island. 30 
(2) Nothing in this Act renders the Crown in right of the Commonwealth, 
of a State, of the Northern Territory or of Norfolk Island liable to be 
prosecuted for an offence. 
Extent of Act 
S. Nothing in this Act requires or permits the grant of plant variety 35 
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 40 
Convention. IP/N/l! AUS/P/2 
Page 82 
Plant Variety Rights No. 2, 1987 
PART II-ADMINISTRATION 
Registrar of Plant Variety Rights 
6. (1) There shall be a Registrar of Plant Variety Rights. 
(2) The office of Registrar of Plant Variety Rights shall be an office in 
5 the Department. 
(3) The Registrar has such functions and powers as are conferred on 
the. Registrar by this Act or by the regulations or are delegated to the 
Registrar by the Secretary under section 7. 
Delegation 
10 7. (1) The Secretary may, either generally or as otherwise provided in 
the instrument of delegation, by writing signed by the Secretary, delegate to 
the Registrar or to another officer of the Department all or any of the 
powers of the Secretary under this Act, other than this power of delegation. 
(2) A power so delegated, when exerCised by the delegate, shall, for the 
15 purposes of this Act, be deemed to have been exercised by the Secretary. 
(3) A delegation under this section does not prevent the exercise of a 
power by the Secretary. 
Certain persons not to acquire plant variety rights 
8. (1) The Secretary, the Registrar or a person who, during the preceding 
20 12 months has held, or performed the duties of, the office of Secretary or 
Registrar of Plant Variety Rights shall not apply for plant variety rights or 
acquire, otherwise than by will or by operation of law, any such rights or 
an interest in any such rights. 
Penalty: $2,000. 
25 (2) A grant of plant variety rights applied for in contravention of sub-
section (1) or an acquisition of plant variety rights in contravention of that 
sub-section is void. 
Regis~! of Plant Variety Rights 
9. (1) The Registrar shall keep, at a place approved by the Secretary, 
30 a register, to be known as the Register of Plant Variety Rights, in which 
shall be entered particulars required to be entered by this Act or the 
regulations. 
(2) The Registrar shall cause a copy of, or copies of, the Register to be 
kept and maintained in each State or Territory (other than the State or 
35 Territory where the place at which the Register is required to be kept is 
located) at the principal office of the Department in that State or Territory 
and at such other place or places (if any) in that State or Territory as the 
Secretary may direct. Plant Variety Rights No. 2, 1987 
Genetic resources centres IPINIl! AUSIP/2 
Page 83 
10. (1) The Secretary may, by writing signed by the Secretary, declare 
a specified place that, in the opinion of the Secretary, is suitable for the 
storage and maintenance of germ plasm material to be a genetic resources 
centre for the purposes of this Act. 5 
(2) The person in charge of a genetic resources centre may do all things 
necessary or desirable to maintain the viability of the reproductive material 
of plants stored at that centre in accordance with section 33. 
Pubiic notice 
11. (1) In addition to giving public notice of matters of which the 10 
Secretary is required to give notice by this Act or by the regulations, the 
Secretary may give public notice of other matters relating to this Act where 
the Secretary considers it necessary or desirable to do so. 
(2) Subject to sub-sections (3) and (5), where the Secretary is required 
or permitted to give public notice of a matter for the purposes of this Act, 15 
the Secretary shall do so by publishing notice in writing of the matter in the 
Gazette. 
(3) Subject to sub-section (4), where the Secretary considers that the 
volume of public notices of matters to be given for the purposes of this Act 
justifies the issue from time to time of a journal, to be called the Plant 20 
Varieties Journal, and the publication of notices of those matters in that 
journal instead of in the Gazette, the Secretary may issue that journal and, 
during the period in which the journal is being issued, shall give public 
notice of those matters by publishing notice in writing of them in that 
journal. 25 
(4) The Secretary-
(a) shall not issue the Plant Varieties Journal unless and until he or she 
has given public notice of the intention to do so; and 
(b) shall not cease to issue that journal unless and until he or she has 
given public notice of the intention to cease to issue the journal. 30 
(5) Subject to sub-section (6), where the Secretary considers that it is 
desirable to give public notices of matters for the purposes of this Act by 
publishing no"tice of those matters in a particular periodical other than the 
Gazette or the Plant Varieties Journal, the Secretary shall, unless it has 
become impossible to publish notice of those matters in that particular 35 
periodical, give public notice of those matters by publishing notice in writing 
of them in that particular periodical. 
(6) The Secretary-
(a) shall not publish notices of matters in a particular periodical in 
accordance with sub-section (5) unless and until he or she has given 40 
public notice of the intention to do so specifying the publication; 
(b) where the Secretary wishes to discontinue publishing notices of 
matters in a particular periodical in accordance with sub-section IP/N/l! AUS/P/2 
Page 84 
Plant Variety Rights No. 2. 1987 
(5), the Secretary shall give public notice of his or her intention to 
so discontinue and, after giving that notice, shall so discontinue; and 
(c) if it becomes impossible to publish notices of matters in accordance 
with sub-section (5) in a particular journal because the journal has 
5 ceased publication or otherwise, the Secretary shall publish a notice 
in writing in the Gazette of the discontinuance of the publication of 
those notices in that publication. 
PART Ill-PLANT VARIETY RIGHTS 
D}y}sion I-Preliminary 
10 Plant variety rights 
12. (1) Plant variety rights, in respect of a new plant variety, are-
(a) the exclusive right to sell, including the right to license other persons 
to sell, plants of tnat variety; 
(b) the excTuslve fIght to sell, mcluding the right to license other persons 
15 to sell, reproductive material of plants of that variet)':~ 
(c) the exclusive right to produce, including the right to license other 
persons to produce, p!ants of that variety for sale; and 
(d) the exclusive right to produ~, including the right to license other 
persons to produce, reproductive material of plants of that variety 
20 for sale. 
(2) Plant variety rights in respect of a plant variety are subject to 
conditions imposed in respect of those rights by section 33 or under section 
34. 
Plant variety rights to be granted in relation to certain varieties only 
25 13. (1) Plant variety rights shall not be granted in respect of a plant 
variety unless the plants of that variety are plants of a genus or species 
declared by the regulations to be a genus or species to which this Act 
applies. 
(2) The Governor-General shall not make a regulation declaring a genus 
30 or species to be a genus or species to which this Act applies unless the 
Governor-General has been informed by the Minister that the Minister has 
considered advice given by the Advisory Committee in relation to the 
desirability of the genus or species being declared to be a genus or species 
to which this Act applies. 
35 (3) For the purposes of this section, a plant that is a hybrid derived 
from plants of different genera or species may be taken to be a plant of 
either of those genera or species. 
Plant variety rights not to be granted in respect of varieties previously 
sold 
40 14. Where an application is made for plant variety rights in respect of 
a plant variety, those rights shall not be granted if there has been a sale of 
a plant, or reproductive material of a plant, of that variety by, or with the Plant Variety Rights No. 2, 1987 IP/N/1/AUS/P/2 
Page 85 
consent of, the breeder or a breeder, or a successor of the breeder or of a 
breeder, of the variety, and-
(a) the sale took place in Australia before the making of the application; 
or 
(b) the sale took place in another country earlier than 6 years before 5 
the making of the application. 
Diyision 2-ApplicatioDs for Plant Variety Rights 
Application for plant variety rights 
15. (1) SUbject to this Act, a breeder of a new plant variety may make 
an application to the Secretary for plant variety rights in respect of the 10 
variety. 
(2) A breeder of a new plant variety has the right under sub-section (1) 
to make an application for plant variety rights in respect of that variety 
whether or not the breeder is an Australian citizen, whether or not the 
breeder is resident in Australia and whether the breeder originated the 15 
variety in Australia or in another country. 
(3) The right under sub-section (1) of a breeder of a new plant variety 
to make an application for plant variety rights is personal property and is 
capable of assignment or of transmission by will or by operation of law 
(whether before or after the application has been made). 20 
(4) An assignment of a right to make an application for plant variety 
rights does not have effect unless it is in writing signed by or on behalf of 
the assignor. 
(5) Subject to sub-section (6), where 2 or more persons are entitled to 
make applications for plant variety rights in respect of a new plant variety, 25 
whether by reason that they originated the variety jointly or independent.ly 
or otherwise, those persons or some of those persons may make a joint 
application for those rights. 
(6) Where 2 or more persons (in this sub~section referred to as the 
"breeders") originate a new plant variety jointly, one of those breeders or a 30 
successor of one of those breeders shall not make an application for plant 
variety rights in respect of that variety otherwise than jointly with, or with 
the consent in writing of, the other person, or each other person, entitled to 
make an application for those rights. 
Form of application 35 
16. An application for plant variety rights in respect of a plant variety 
shall be in writing in a form approved by the Secretary, shall be lodged with 
the Secretary in the prescribed manner and shall contain-
(a) the name of the person making the application; 
(b) where the applicant is the breeder of the variety, a statement that 40 
the applicant is the breeder of the variety; IPINll! AUS/P/2 
Page 86 
Plant Variety Rights No. 2, 1987 
(c) where the applicant is not the breeder of the variety, the name and 
address of the breeder from whom the applicant derived the right 
to make an application and particulars of all relevant assignments 
and transmissions of the right to make the relevant application; 
5 (d) a description, or a description and photograph, of a plant of the 
variety sufficient to identify plants of that variety; 
( e) particulars of the characteristics that distinguish the variety from 
other varieties; 
(f) particulars of the manner in which the variety was originated; 
10 (g) the name of the variety; 
(h) particulars of any application for, or approval of a grant of, rights 
of any kind in respect of the variety in any other country; 
U) particulars of any tests carried out to establish that the variety is 
homogeneous and stable (including particulars of any cycle of 
15 reproduction or multiplication for the purposes of paragraph 
3(2) (b»; 
(k) in the case of a plant variety originated outside Australia, particulars 
of any test growing of that variety carried out for the purpose of 
determining whether the variety will, if grown in Australia, have a 
20 particular characteristic; 
(m) an address in Australia for the service of documents on the applicant 
for the purposes of this Act; and 
(n) such other particulars (if any) as are prescribed. 
Names of new plant varieties 
25 17. (1) The name of a new plant variety shall consist of a word or 
words (which may be an invented word or words) with or without the 
addition of-
(a) a letter or letters not constituting a word; 
(b) a figure or figures; or 
30 (c) both a letter or letters not constituting a word and a figure or 
figures. 
(2) A new plant variety shall not have-
(a) a n-ame the use of which would be likely to deceive or cause 
confusion, including a name that is the same as, or is likely to be 
35 mistaken for, the name of another plant variety; 
(b) a name the use of which would be contrary to law; 
(c) a name that comprises or contains scandalous or offensive matter; 
or 
(d) a name, or name of a kind, that is, at the time when the application 
40 is made, prohibited by the regulations. 
(3) The name of a new plant variety in respect of which an application 
is made shall comply with any recommendations of the International Code 
of Nomenclature for Cultivated Plants, as in force when the application is Plant Variety Rights No. 2. 1987 IPINIl! AUSIP12 
Page 87 
made, formulated and adopted by the International Commission for 
Nomenclature of Cultivated Plants of the International Union of Biological 
Sciences that are accepted by Australia. 
(4) The name of a new plant variety in respect of which an application 
is made shall not consist of, or include- 5 
(a) the name of a natural person living at the time of the application, 
other than a person who has given written consent to the name of 
the plant variety; 
(b) the name of a natural person who died within the period of 10 
years immediately preceding the application, other than a person 10 
who has given, or whose legal personal representative has given, 
written consent to the name of the plant variety; or 
(c) the name of a corporation, organisation or institution, other than a 
corporation, organisation or institution that has given its written 
consent to the ·name of the plant variety. 15 
Lodging of applications 
18. (1) Where an application is lodged In respect of a new plant 
variety-
(a) if the Secretary is satisfied that-
(i) the application complies with the requirement of section 16; 20 
and 
(ii) the name of the variety complies with section 17, 
the Secretary shall accept the application; or 
(b) if the Secretary is not so satisfied-the Secretary shall reject the 
application. 25 
(2) Where the Secretary accepts an application, the Secretary shall, 
within 30 days after accepting the application, give written notice to the 
applicant stating that the application has been· accepted and give public 
notice of the application. 
(3) Where the Secretary rejects an application, the Secretary shall, 30 
within 30 days after rejecting the application, give written notice to the 
applicant stating that the application has been rejected and setting out the 
grounds for the rejection. 
Variation of application 
19. (1) Where, after an application has been accepted and before it is 35 
disposed of, the applicant requests the Secretary in writing to vary the 
application, the Secretary may, in his or her discretion, vary the application 
in accordance with the request. 
(2) Where, after an application has been accepted and before it is 
disposed of, the right of the applicant to make the application is assigned or 40 
transmitted to another person, that person shall forthwith request the 
Secretary, in writbg, to vary the application so that that person is shown as IPINIl! AUSIP12 
Page 88 
Plant Variety Rights No. 2, 1987 
the person making the application and the Secretary, if he or she is satisfied 
that that right has been so assigned or transmitted, shall so vary the 
application. 
(3) Where the Secretary complies with a request under sub-section (1) 
5 or (2) to vary an application, the Secretary shall forthwith give written 
notice to the person who made the request stating that the application has 
been varied in accordance with the request. 
. (4) Where the Secretary rejects a request under sub-section (1) or (2) 
to vary an application, the Secretary shall forthwith give written notice to 
10 the person who made the request stating that the request has been rejected 
and setting out the grounds for the rejection. 
(5) Where the Secretary complies with a request under sub-section (2) 
to vary an application so that a person who claims to have been assigned 
the right to make the application is shown as the person making the 
15 application, the Secretary shall forthwith give written notice of particulars 
of the variation to the person who was the applicant before the variation 
was made. 
(6) Where the Secretary rejects a request under sub-section (2) to vary 
an application so that a person who claims to have been assigned the right 
20 to make the application would be shown as the person making the 
application, the Secretary shall forthwith give written notice to the 
applicant-
(a) setting out particulars of the request; 
(b) stating that the request has been rejected; and 
25 (c) setting out the grounds for the rejection. 
(7) Where an application is varied in pursuance of a request under sub­
section (1) in a manner that the Secretary considers to be significant, or is 
varied under sub-section (2), the Secretary shall forthwith give public notice 
of particulars of the variation. 
30 (8) A request by a person under sub-section (2) shall give an address in 
Australia for the service of documents on the person for the purposes of 
this Act and-
(a) where the Secretary complies with the request and the address so 
given is different from the address contained in the application in 
35 accordance with paragraph 16 (m)-the Secretary shall vary the 
application so that the address so given is shown as the address for 
the service of documents on the applicant for the purposes of this 
Act; or 
(b) where the Secretary rejects the request-the notice to ~ that person 
40 under sub-section (4) shall be given by being posted by pre-paid 
post as a letter addressed to the person at the address so given. Plant Variety Rights No. 2. 1987 
Objections to grant of plant variety rights IP/NI1 IAUS/P/2 
Page 89 
20. (1) Where public notice of an application for plant variety rights in 
respect of a plant variety or of the variation of such an application is given, 
any person who considers-
(a) that the commercial interests of the person would be affected by 5 
the grant of those rights to the applicant; and 
(b) that the Secretary cannot be satisfied, in relation to that variety, of 
a matter referred to in paragraph 26 (1) (a) (other than a matter 
referred to in sub-paragraph 26 (1) (a) (viii», 
may, within 6 months after the giving of public notice of the application or 10 
any further time before the application is disposed of that is allowed by the 
Registrar, lodge with the Registrar written objection to the grant of those 
rights setting out particulars of the manner in which the person considers 
that the interests of the person would be affected and of the reasons why 
the person considers that the Secretary cannot be satisfied of that matter. 15 
(2) Where an objection to the grant of plant variety rights is lodged 
under sub-section (1), the Registrar shall cause a copy of that objection to 
be given to the applicant for those rights. 
Inspection of ' applications and objections 
21. A person may inspect an application, or an objection lodged under 20 
sub-section 20 (1), at any reasonable time and is entitled, upon payment of 
such fee (if any) as is prescribed, to be given a copy of the application or 
of the objection. 
Provisional protection 
22. (1) Where an application for plant variety rights in respect of a 25 
plant variety has been accepted, the applicant shall, for the purpose of 
sections 40 and 41, be deemed to be the grantee of plant variety rights in 
respect of that plant variety during the pe'riod commencing on the 
acceptance of the application and ending-
(a) when the application is disposed of; or 30 
(b) if the Secretary has given the applicant a notice under sub-section 
(2)-at the expiration of the prescribed period after the notice is 
glven, 
whichever occurs first. 
(2) Subject' to sub-section (3), where the Secretary is satisfied, in relation 35 
to an application for plant variety rights in respect of a plant variety, that-
(a) plant variety rights will not be granted, or are unlikely to be 
granted, to the applicant in respect of that plant variety; 
(b) after the application was made, the applicant sold a plant, or 
reproductive material of a plant, of that variety in Australia otherwise 40 
than for-
(i) scientific purposes; IPINIl! A USIPI2 
Page 90 
Plant Variety Rights No. 2, 1987 
(ii) the purpose of creating a stock of plants, or reproductive 
material of plants, of that variety for supply to the applicant; 
or 
(iii) another prescribed purpose; or 
5 (c) the applicant has given an undertaking to a person, whether or not 
for consideration, not to institute proceedings for the infringement 
of the rights of which the applicant is deemed to be the grantee by 
virtue of sub-section (1), 
the Secretary may give the applicant notice, in writing, that this section 
10 shall cease to apply to that variety. 
(3) The Secretary shall not give notice under sub-section (2) in relation 
to an application unless and until the Secretary has given the applicant 
particulars of the grounds for the proposed notice and a reasonable 
opportunity to make a written submission to the Secretary in relation to the 
15 proposed notice. 
(4) Where a person ceases to be deemed to be the grantee of plant 
variety rights by virtue of a notice under sub-section (2), the Secretary shall 
give public notice that the person has ceased to be so deemed. 
(5) For the purposes of paragraph (1) (b), the prescribed period is the 
20 period commencing on the day on which the notice referred to in that 
paragraph is given and ending-
(a) subject to paragraph (b), at the expiration of the period within 
which an application may be made to the Administrative Appeals 
Tribunal for a review of the givi.ng of the notice; or 
25 (b) if such an application is made to the Administrative Appeals 
Tribunal-at the time at which the application is withdrawn or 
finally determined, whether by the Tribunal or by a court. 
(6) Nothing in this section shall be taken to affect the powers of the 
Federal Court under sub-section 44A (2) of the Administrative Appeals 
30 Tribunal Act 1975 where an appeal is instituted in that court from a 
decision of the Administrative Appeals Tribunal in respect of an application 
referred to i~ paragraph (5) (b). 
(7) A person who is deemed by sub-section (1) to be the grantee of 
plant variety rights in respect of a plant variety is not entitled to institute 
35 an action or 'proceeding for an infringement of those rights occurring during 
the period in respect of which the person is deemed by that sub-section to 
be the grantee of those rights unless and until plant variety rights in respect 
of that plant variety are granted to the person under section 26. 
Characteristics of plant varieties originated outside Australia 
40 23. For the purposes of this Act, where a plant variety in respect of 
which an application has been accepted was originated outside Australia, 
the variety shall not be taken to have a particular characteristic unless-Plant Variety Rights No. 2, 1987 IPINIl! AUSIP12 
Page 91 
(a) a test growing of the variety carried out in Australia has 
demonstrated that the variety has that characteristic; 
(b) the Secretary is satisfied that-
(i) a test growing of the variety carried out at a place outside 
Australia has demonstrated that the variety has that 5 
characteristic; and 
(ii) the test growing of the variety carried out at that place is 
equivalent to a test growing of the variety carried out in 
Australia; or 
(c) the Secretary is satisfied that- 10 
(i) a test· growing of the variety carried out at a place outside 
Australia has demonstrated that the variety has that 
characteristic; 
(ii) any test growing of the variety carried out in Australia would 
probably demonstrate that the variety has that characteristic; 15 
and 
(iii) if a test growing of the variety in Australia that would be 
sufficient to demonstrate whether the variety has that 
characteristic were to be carried out, the test growing would 
take longer than 2 years. 20 
Test growing of plant varieties 
24. (1) Where, in dealing with an application in respect of a plant 
variety, the Secretary considers it necessary that there should be a test 
growing, or a further test growing, of the variety-
(a) for the purpose of determining whether the plant variety is 25 
homogeneous or stable; or 
(b) for the purpose of determining whether the variety will, if grown 
in Australia, have a particular characteristic, 
the Secretary shall give written notice to the applicant-
(c) stating that the Secretary considers that a test growing, or a further 30 
test growing, as the case may be, of the variety is necessary; 
(d) specifying the purpose of the test growing; and 
(e) requiring the applicant-
(i) to supply the Secretary with sufficient plants, or sufficient 
reproductive material of plants, of the variety, as the case 35 
requires, and with any necessary information, to enable the 
variety to be test grown for the purpose so specified; or 
(ii) to have the variety test grown for the purpose so specified 
and to give the Secretary a copy of the records of observations 
made during the test growing, 40 
whichever the Secretary deems appropriate, 
and, if the notice contains the requirement referred to in sub-paragraph 
(e) (i) and the applicant complies with the requirement, the Secretary shall 
arrange to have the variety test grown. IP/N/l! AUS/P/2 
Page 92 
Plant Variety Rights No. 2, 1987 
(2) After the completion of the test growing of a plant variety arranged 
by the Secretary, any plants or reproductive material of plants used in, or 
resulting from, the test growing which are or is capable of being transported 
shall be delivered to the applicant for plant variety rights in respect of that 
5 plant variety. 
Withdrawal of application 
25. (1) An application may be withdrawn by the applicant. 
. (2) Where an application is withdrawn after public notice of the 
application has been given, the Secretary shall forthwith give public notice 
10 of that withdrawal. 
DiYision 3-Grant of Plant Variety Rights 
Grant of plant variety rights 
26. (1) Subject to this section, where an application for plant variety 
rights in respect of a plant variety is accepted-
15 (a) if the Secretary is satisfied that-
20 
15 (i) . there is such a plant variety; 
(ii) the plant variety is a new plant variety; 
(iii) 
(iv) 
(v) 
(vi) the applicant is entitled to make the application; 
the grant of those rights to the applicant is not prohibited 
by this Act; 
those rights have not been granted to another person; 
there has been no earlier application for those rights that 
has not been withdrawn or otherwise disposed of; 
(vii) the name of the variety would comply with section 17; and 
(viii) all fees payable under this Act in relation to the application 
and the grant have been paid, 
the Secretary shall grant those rights to the applicant; or 
(b) if the Secretary is not so satisfied-the Secretary shall refuse to 
grant those rights to the applicant. 
30 (2) The Secretary shall not grant, or refuse to grant, plant variety rights 
in respect of a plant variety unless a period of at least 6 months has elapsed 
since the giving of public notice of the application, or, if the application has 
been varied in pursuance of a request under sub-section 19 (1) in a manner 
that the Secretary considers to be significant, a period of 6 months has 
35 elapsed since the giving of public notice of particulars of the variation, or 
of the last such variation, as the case requires. 
(3) The Secretary shall not refuse to grant plant variety rights unless 
the Secretary has given the applicant for the rights a reasonable opportunity 
to make J. written submission to the Secretary in relation to the application. Plant Variety Rights No. 2, 1987 IPINIl! AUS/P/2 
Page 93 
(4) Where an objection to the grant of plant variety rights has been 
lodged under section 20, the Secretary shall not grant the rights unless the 
Secretary has given the person who lodged the objection a reasonable 
opportunity to make a written submission to the Secretary in relation to the 
objection. 5 
(5) Plant variety rights shall be granted to a person by the issue to that 
person by the Secretary of a certificate, signed by the Secretary or by the 
Registrar, in a form approved by the Secretary and containing such particulars 
of t4e plant ·variety to which the rights relate as the Secretary considers 
appropriate. 10 
(6) Where plant variety rights are granted to persons who made a joint 
application for those rights, those rights shall be granted to those persons 
jointly. 
(7) Where the Secretary refuses to grant plant variety rights in respect 
of a plant variety, the Secretary shall, within 30 days after refusing, give 15 
written notice of the refusal to the applicant for the rights setting out the 
grounds for the refusal. 
Entry of grant of plant variety rights 
27. When the Secretary grants plant variety rights in respect of a plant 
variety, the Registrar shall enter in the Register- 20 
(a) a description, or a description and photograph, of a plant of that 
variety; 
(b) the name of the variety; 
(c) the name of the grantee; 
(d) the name and address of the breeder; 25 
(e) the address for the service of documents on the grantee for the 
purposes of this Act which is shown on the application for the 
rights; 
(f) the day on which the rights were granted; and 
(g) such other particulars relating to the grant as the Secretary considers 30 
appropriate. 
~3tice of grant of plant variety rights 
28. Where the Secretary grants plant variety rights, the Secretary shall, 
within 7 days after granting those rights, give public notice of the grant. 
Effect of grant on certain persons 35 
29. (1) Where plant variety rights in respect of a plant variety are 
granted to a person, another person who was entitled to make an application 
for those rights (whether or not a person who originated that variety 
independently of the breeder), or the successor of such another person, is 
not entitled to any interest in those rights because of the entitlement to 40 
make the application or because of the grounds of the entitlement, but 
nothing in this sub-section prevents a person from applying to the Secretary IP/N/l! AUS/P/2 
Page 94 
Plant Variety Rights No. 2, 1987 
for the revocation of those rights or from instituting proceedings before a 
court or the Administrative Appeals Tribunal in respect of those rights. 
(2) Where-
(a) plant variety rights in respect of a new plant variety are granted to 
5 a person; and 
(b) another person (in this sub-section referred to as the "eligible 
person") was entitled, at law or in equity, to have the right to make 
an application for those plant variety rights assigned to the eligible 
person, 
10 then the eligible person is entitled to have those plant variety rights assigned 
to the eligible person. 
Dirision 4-MiscelJaneous 
Nature of plant variety rights 
30. (1) Plant variety rights are personal property and, subject to any 
15 conditions imposed under section 34, are capable of assignment or of 
transmission by will or by operation of law. 
(2) An assignment of plant variety rights (otherwise than because of the 
order of a court) does not have effect unless it is in writing signed by or on 
behalf of the assignor. 
20 (3) Where the grantee of plant variety rights gives another person a 
licence in respect of those rights, the licence binds every successor in title 
to the interest of the grantee in those rights to the same extent as it was 
binding on the grantee of those rights. 
Assignment of plant variety rights 
25 31. (1) Where plant variety rights are assigned or transmitted to a 
person, the person shall, within 7 days after acquiring those rights, inform 
the Registrar in writing that the person has acquired those rights, giving 
particulars of the manner in which those rights were acquired, and the 
Registrar, if satisfied that the rights have been so ·assigned or transmitted, 
30 shall amend the Register and enter the name of that person on the Register 
as the grantee of those rights. 
(2) Where, in accordance with sub-section (1), the Registrar enters on 
the Register as the grantee of plant variety rights the name of a person who 
claims to have acquired those rights, the Registrar shall, within 7 days after 
35 entering the name on the Register, give written notice to that person and to 
the person who was the grantee before the entry was made stating that the 
entry has been made. 
(3) Where the Registrar is not satisfied that plant variety rights have 
been assigned or transmitted to a person (in this sub-section referred to as 
40 the "claimant") who has informed the Registrar in accordance with sub-Plant Variety Rights No. 2, 1987 IPINIl! AUSIP12 
Page 95 
section (1) that those rights have been assigned or transmitted to the 
claimant, the Registrar shall forthwith-
(a) give written notice to the claimant-
(i) stating that the Registrar is not so satisfied; and 
(ii) setting out the grounds on which the Registrar IS not so 5 
satisfied; and 
(b) give written notice to the grantee of those rights-
(i) setting out particulars of the information given by the 
claimant; 
(ii) stating that the Registrar is not so satisfied; and 10 
(iii) setting out the grounds on which the Registrar is not so 
satisfied. 
(4) A person who informs the Registrar in accordance with sub-section 
(1) that plant variety rights have been assigned or transmitted to the person 
shall give written notice to the Registrar of an address in Australia for the 15 
service of documents on him or her in accordance with this Act and-
(a) where the Registrar enters the name of that person on the Register 
in accordance with sub-section (1) and that address is different from 
the address entered in the Register in accordance with paragraph 
27 (e) -the Registrar shall amend the Register so that the address 20 
so given is entered in the Register as the address for service of 
documents on the grantee for the purposes of this Act; or 
(b) where the Registrar is not satisfied that those rights have been 
assigned or transmitted to that person-the notice to that person 
under paragraph (3) (a) shall be given by being posted by pre-paid 25 
post as a letter addressed to the person at that address. 
Duration of plant variety rights 
32. Subject to this Act, plant variety rights in respect of a plant variety 
subsist for a period of 20 years commencing on the day on which the 
successful application for plant variety rights in respect of the plant variety 30 
was accepted. 
Supply of reproductive material, &c. 
33. (1) Plant variety rights in respect of a plant variety are subject to 
the condition that the grantee of the rights shall comply with any notice 
given to the grantee by the Secretary under sub-section (2) or (8);: 35 
(2) Where plant variety rights are granted in respect of a plant variety, 
the Secretary may give the grantee of the rights written notice requiring the 
grantee, within 14 days of the giving of the notice or any further time that 
is allowed by the Secretary, to cause a specified quantity of 
reproductive material of plants of that variety to be delivered, at the expense 40 
of the grantee, to a specified genetic resources centre. 
(3) The quantity of reproductive material of plants of a variety 
specified in a notice under sub-section (2) shall be the quantity that the IPINIl! AUS/PI2 
Page 96 
Plant Variety Rights No. 2, 1987 
Secretary considers would be sufficient to enable that variety to be kept in 
existence if there were no other reproductive material of plants of that 
variety. 
(4) Where the reproductive material of plants is delivered to a genetic 
5 resources centre in accordance with the condition imposed on plant variety 
rights by sub-section (1), the Secretary shall, subject to sub-section (6), 
cause that material to be stored at a genetic resources centre. 
(5) The delivery and storing of the reproductive material of plants in 
accordance with this section does not affect the ownership of the material 
10 but that material shall not be dealt with otherwise than for the purposes of 
this Act. 
(6) The reproductive material of plants stored at a genetic resources 
centre may be used by the Secretary for the purposes of this Act, including 
the purposes of section 39. 
15 (7) Without limiting sub-sections CS) and (6), where, in accordance with 
this section, the reproductive material of plants is stored at a genetic 
resources centre that is a place known as a National Plant Genetic Resources 
Centre, the material shall not form part of the collection known as the 
national gene bank collection and shall not be used for the purposes of that 
20 collection. 
(8) Where plant variety rights are granted in respect of a plant variety, 
the Secretary may give the grantee of the rights written notice requiring the 
grantee, within 14 days of the giving of the notice or any further time that 
is allowed by the Secretary, to cause to be delivered to the Secretary a 
25 specimen of a plant of the variety suitable for deposition by the Secretary 
in a herbarium. 
(9) Where a specimen of a plant is delivered in accordance with the 
condition imposed on plant variety rights by sub-section (1), the Secretary 
shall cause the specimen to be deposited in a herbarium. 
30 Plant variety rights subject to conditions 
34. (1) Where the Minister considers it necessary, in the public interest, 
th~n_plant va,riety rights in respect of a new plant variety should be subject 
to conditions restricting the assignment of those rights, to conditions 
requiring, or relating to, the licensing of persons to sell, or produce for sale, 
35 plants, or reproductive material of plants, of that variety or to other 
conditions, the Minister may, at the time when those rights are granted or 
at any time while those rights subsist, by instrument under his or her hand, 
impose those conditions. 
(2) Where the Minister imposes conditions on plant variety rights under 
40 sub-section (1)-
(a) the Secretary shall give to the grantee a copy of the instrument 
setting out those conditions; 
(b) the Secretary shall give public notice of those conditions; and Plant Variety Rights No. 2, 1987 IP/N/l/ AUS/P/2 
Page 97 
(c) the Registrar shall enter particulars of those conditions m the 
Register. 
Revocation of plant variety rights 
35. (1) The Secretary shall revoke the plant variety rights in respect of 
a plant variety if- 5 
(a) the Secretary becomes satisfied that the plant variety was not a new 
plant variety or that facts exist which, if known before the grant of 
those rights, would have resulted in the refusal of the grant; or 
(b) the grantee has failed to pay a prescribed fee payable in respect of 
those rights within one month after having been given notice, as 10 
prescribed, that that fee has become payable. 
(2) The Secretary may revoke the plant variety rights in respect of a 
plant variety if the Secretary is satisfied that-
(a) the grantee has failed to comply, in relation to those rights, with 
the condition imposed by section 33 or with any condition imposed 15 
under section 34; or 
(b) a person to whom those rights have been assigned or transmitted 
has failed to comply with section 31. 
(3) Where the Secretary revokes plant variety rights in respect of a 
plant variety in accordance with this section, the Secretary shall, within 7 20 
days after the decision was taken, give written notice of the revocation to 
the grantee setting out the grounds for the revocation. 
(4) The Secretary shall not revoke plant variety rights in accordance 
with this section unless and until the Secretary has given the grantee and 
any person to whom, the Secretary believes, those rights have been assigned 25 
or transmitted particulars of the grounds for the proposed revocation and 
given the grantee and any such person a reasonable opportunity to make a 
written submission to the Secretary in relation to the proposed revocation. 
(5) The revocation of plant variety rights in respect of a plant variety 
in accordance with this section takes effect- 30 
(a) subjeCt to paragraph (b), at the expiration of the period within 
which an application may be made to the Administrative Appeals 
Tribunal for a review of the revocation; or 
(b) if such an application is made to the Administrative Appeals 
Tribunal-at the time when the application is withdrawn or finally 35 
determined, whether by the Tribunal or by a court. 
(6) Nothing in this section shall be taken to affect the powers of the 
Federal Court under sub-section 44A (2) of the Administrative Appeals 
Tribunal Act 1975 where an appeal is instituted in that court from a 
decision of the Administrative Appeals Tribunal in respect of an application 40 
referred to in paragraph (5) (b). IPINIl! AUSIP/2 
Page 98 
Plant Variety Rights No. 2, 1987 
(7) Any person whose interests are affected by the grant of plant variety 
rights in respect of a plant variety may apply to the Secretary for the 
revocation of those rights in accordance with this section. 
(8) The Secretary shall consider any application made under sub-section 
5 (7) for the revocation of plant variety rights and, if the Secretary decides 
not to revoke the rights, the Secretary shall, within 7 days after the decision 
was taken, give written notice of the decision to the applicant setting out 
the grounds for the decision. 
Surrender of plant variety rights 
10 36. (1) Subject to sub-section (2), a grantee of plant variety rights may 
at any time, by giving notice to the Registrar, offer to surrender those rights, 
and the Registrar, after giving public notice of the offer and giving all parties 
interested an opportunity to make a written submission to the Registrar in 
relation to the offer, may, if the Registrar thinks fit, accept the offer and 
15 revoke those rights. 
(2) Where an action or proceeding under section 41 or 42 in respect of 
plant variety rights is pending in a court, the Registrar shall not accept an 
offer for the surrender of, or revoke, those rights, except by leave of the 
court or by consent of the parties to the action or proceeding. 
20 Entry of particulars of revocation, &c. 
37. Where-
(a) the revocation of plant variety rights in respect of a plant variety 
in accordance with section 35 takes effect; 
(b) plant variety rights are revoked in accordance with section 36; or 
25 (c) the Registrar is served with an office copy of an order of a court 
given under sub-section 41 (3) revoking plant variety rights, 
then-
(d) the Registrar shall enter particulars of the revocation in the Register; 
and 
30 (e) the Secretary shall give public notice of the revocation. 
Plant variety rights not to restrict sales for food, fibre, fuel, &c. 
38. (1) Notwithstanding that plant variety rights subsist in respect of a 
plant variety, any person may-
(a) propagate, grow and use plants of that variety for purposes other 
35 than commercial purposes; 
(b) sell plants of that variety for use as food or for another use that 
does not involve the growing of the plants or the production of 
plants of that variety; 
(c) sell reproductive material of plants of that variety for use as food 
40 or for another use that does not involve the production of plants of 
that variety; Plant Variety Rights No. 2, 1987 IPINIl! AUSIP12 
Page 99 
(d) sell with a farm or other place at which plants of that variety are 
grown any plants or reproductive material of plants of that variety 
at that place; or 
( e) use, and do anything necessary or desirable for the purpose of using, 
plants or reproductive material of plants of the variety as an initial 5 
source of variation for the purpose of originating another new plant 
variety except where the person makes repeated use of plants or 
reproductive material of plants of the first-mentioned variety for the 
commercial production of the other variety. 
(2) The right of a person under paragraph (1) (b) to sell plants of a 10 
plant variety in respect of which plant variety rights subsist inc1udes-
(a) the right of the person to use plants, or reproductive material of 
plants, of that variety purchased or otherwise acquired by the person 
without any infringement of those plant variety rights to-
(i) produce plants for the sale; or 15 
. (ii) produce plants, or reproductive material of plants, from which 
plants for the sale may be derived; and 
(b) the right of the person to use plants, or reproductive material of 
plants derived by the person from plants, or reproductive material 
of plants, of that variety, purchased or otherwise acquired by the 20 
person without any infringement of those plant variety rights to-
(i) produce plants for the sale; or 
(ii) produce plants, or reproductive material of plants, from which 
plants for the sale may be derived. 
(3) The right of a person under paragraph (1) (c) to sell reproductive 25 
material of plants of a plant variety in respect of which plant variety rights 
subsist inc1udes-
(a) the right of the person to use plants, or reproductive material of 
plants, of that variety purchased or otherwise acquired by the person 
without any infringement of those plant variety rights to- 30 
(i) produce reproductive material of plants for the sale; or 
(ii) produce plants, or reproductive material of plants, from which 
reproductive material of plants for the sale may be derived; 
·and 
(b) the right of the person to use plants, or reproductive material of 35 
plants derived by the person from plants, or reproductive material 
of plants, of that variety, purchased or otherwise acquired by the 
person without any infringement of those plant variety rights to-
(i) produce reproductive material of plants for the sale; or 
(ii) produce plants, or reproductive material of plants, from which 40 
reproductive material of plants for the sale may be derived. 
(4) Without limiting the generality of paragraph (1) (c), for the purposes 
of that paragraph, the use of reproductive material of a plant by way of 
allowing it to sprout and then eating it, or using it in the preparation of IP/N/l! AUS/P/2 
Page 100 
Plant Variety Rights No. 2, 1987 
food, before it has developed further shall not be taken to be a use that 
involves the production of a plant. 
Protection of public interest in new plant varieties 
39. (1) For the purposes of this Act, the reasonable requirements of the 
5 public with respect to a plant variety in respect of which plant variety rights 
subsist shall be deemed to be satisfied if-
(a) where there is no demand or no significant demand for plants of 
that variety but there is a demand or a significant demantt"" for 
reproductive material of plants of that variety-reproductive material 
10 of plants of that variety of reasonable quality is available for sale 
to the public at reasonable prices, or as gifts to the public, In 
sufficient quantities to meet demand; or 
(b) in any other case-"plants, or reproductive material of plants, of 
that variety of reasonable quality are available for sale to the public 
15 at reasonabie prtces, or as gIfts to the pubhc, In sufficient quantities 
to' meet demana. -- ..... (2) The grantee of plant variety rights in respect of a plant variety shall, 
subject to any conditions imposed under section 34, take all reasonable steps 
to ensure that the reasonable requirements of the public with respect to that 
20 plant variety are satisfied. 
(3) For the purpose of ensuring that the reasonable requirements of the 
public with respect to a plant variety in respect of which plant variety rights 
subsist are satisfied, the Secretary, in accordance with sub-sections (4) to 
(10), inclusive, may, on behalf of the grantee of those rights-
25 (a) license a person or persons whom the Secretary considers appropriate 
to sell plants of that variety; 
(b) license a person or persons whom the Secretary considers appropriate 
to sell reproductive material of plants of that variety; 
(c) license a person or persons whom the Secretary considers appropriate 
30 to produce plants of that variety for sale; or 
(d) license a person or persons whom the Secretary considers appropriate 
to produce reproductive material of plants of that variety for sale, 
during such period as the Secretary considers appropriate. 
(4) Where, at any time later than 2 years after the grant of plant variety 
35 rights in respect of a plant variety, a person considers that the grantee of 
those rights is. failing to comply with sub-section (2) in relation to that 
variety and that the failure affects the interests of that person, that person 
may, in writing, request the Secretary to exercise a relevant power or powers 
under sub-section (3) in relation to that variety. 
40 (5) A request by a person under sub-section (4) in relation to a plant 
variety shall-
(a) set out the reasons why that person considers that the grantee of 
plant variety rights in respect of that variety is failing to comply 
with sub-section (2); Plant Variety Rights No. 2. 1987 IP/N/l! AUS/P/2 
Page 101 
(b) give particulars of the way in which the person considers that the 
failure affects the interests of the person; and 
(c) give an address for the purpose of a notice to the person under sub­
section (7). 
(6) Where a request under sub-section (4) is made to the Secretary in 5 
relation to a plant variety, the Secretary shall give the grantee of plant 
variety rights in respect of that variety-
(a) a copy of the request; and 
(b) a written invitation to furnish to the Secretary, within one month 
after the day on which the invitation is given, a written statement 10 
setting out reasons why the Secretary should be satisfied that the 
grantee-
(i) is complying with sub-section (2) in relation to that variety; 
or 
(ii) will so comply within a reasonable time. 15 
(7) Where a request is made to the Secretary under sub-section (4) to 
exercise a power or powers under sub-section (3) in relation to a plant 
variety, the Secretary shall, after considering the request and any statement 
furnished by the grantee of plant variety rights in respect of that variety in 
response to the invitation under paragraph (6) (b), decide whether or not 20 
to exercise the power or powers concerned and shall, within 30 days after 
the decision was taken-
(a) give written notice of his or her decision to the grantee of plant 
variety rights in respect of that plant variety setting out the grounds 
for the decision; and 25 
(b) cause written notice of his or her decision to be posted by pre-paid 
post as a letter addressed to the person who made the request at 
the address given by that person in accordance with paragraph 
(5) (c) setting out the grounds for the decision. 
(8) Where the Secretary proposes to exercise a power under sub-section 30 
(3) in relation to a plant variety, the Secretary shall give public notice-
(a) identifying the variety; 
(b) setting out particulars of the thing or things that the Secretary 
proposes to license persons to do and of the periods for which the 
Secretary proposes to license them; and 35 
(c) inviting persons to apply in writing to the Secretary, within one 
month after the giving of public notice, to be licensed to do that 
thing, or to do any of those things, as the case requires, in relation 
to that variety, 
and the Secretary shall not exercise that power without considering all 40 
applications in response to the invitation. 
(9) The Secretary shall not license a person under sub-section (3) in 
relation to a plant variety unless, at least one month before so doing, the 
Secretary-IPIN/lI AUSIP/2 
Page 102 
Plant Variety Rights No. 2, 1987 
(a) gave written notice to each person who applied to be licensed in 
response to the relevant invitation given under sub-section (8); and 
(b) gave public notice, 
of the name or names of the person or persons whom the Secretary proposes 
5 to license. 
(10) A licence granted to a person by the Secretary under sub-section 
(3) on behalf of the grantee of plant variety rights in respect of a plant 
variety shall be granted on such terms and conditions as the Secretary 
determines, being terms and conditions that the Secretary considers would 
10 be the terms and conditions of the licence if it were being granted by the 
grantee in the normal course of business. 
(11) Where-
(a) a licence has been granted to a person under sub-section (3) to 
produce plants, or reproductive material of plants, of a plant variety; 
15 and 
(b) the Secretary is satisfied that, unless the powers of the Secretary 
under this sub-section are exercised, that person will be unable to 
obtain reproductive material of plants of that variety at a reasonable 
price or without charge, 
20 the Secretary may, on behalf of the grantee of those rights, make available 
to that person reproductive material of plants of that variety stored at a 
genetic resources centre under sub-section 33 (4). 
Infringement of plant variety rights 
40. Subject to sections 38 and 39, the plant variety rights of a grantee 
25 in respect of a plant variety are infringed by-
(a) a person who, not being licensed by the grantee to sell plants of 
that variety, sells, or holds himself, herself or itself out as being 
willing to sell, plants of that variety; 
(b) a person who, not being licensed by the grantee to sell reproductive 
30 material of plants of that variety, sells, or holds himself, herself or 
itself out as being willing to sell, reproductive material of plants of 
that variety; 
(c) a person who, not being licensed by the grantee to produce plants 
of that variety for sale, produces plants of that variety for sale; 
35 (d) a person who, not being licensed by the grantee to produce 
reproductive material of plants of that variety for sale, produces 
reproductive material of plants of that variety for sale; 
(e) a person who, being a person to whom a licence has been granted 
in respect of that plant variety, does not comply with a term or 
40 condition of the licence; or 
(f) a person who uses the name of that plant variety, being the name 
entered in the Register, in relation to any other plant variety or in 
relation to any plant other than a plant of the first-mentioned 
variety. Plant Variety Rights No. 2. 1987 
Actions for infringement of plant variety rights IPINIl! AUS/PI2 
Page 103 
41. (1) An action or proceeding for an infringement of plant variety 
rights may be instituted in the Court. 
(2) A defendant in an action or proceeding for an infringement of plant 
variety rights in respect of a plant variety may apply by way of counter- 5 
claim in the action or proceeding for the revocation of the plant variety 
rights-
(a) on the ground that the plant variety was not a new plant variety; 
or 
(b) on the ground that facts exist which, if known to the Secretary 10 
before the grant of those rights, would have resulted in the refusal 
of the grant. 
(3) If. in an action or proceeding for an infringement of plant variety 
rights in respect of a plant variety in which a defendant has applied by way 
of counter-claim for the revocation of those rights on a ground referred to 15 
in paragraph (2) (a) or (b), the court is satisfied that the ground exists, the 
court may revoke those rights. 
(4) Where, in an action or proceeding for an infringement of plant 
variety rights, the court, on an application by the defendant by way of 
counter-claim, revokes the plant variety rights, the court shall order the 20 
defendant to serve on the Registrar an office copy of the order revoking the 
plant variety rights. 
Declaration as to non-infringement 
42. (1) A person who desires to sell a plant or reproductive material of 
a plant, or to produce a plant or reproductive material of a plant for sale, 25 
may, by action in the Court against the grantee of plant variety rights in 
respect of a new plant variety, claim a declaration that the sale or production 
of the plant or reproductive material, as the case requires, would not 
constitute an infringement of those plant variety rights and may do so 
although no assertion of the infringement has been made by the grantee of 30 
the plant variety rights. 
(2) The Court shall not make a declaration sought in an action under 
sub-section (1 Y in relation to a plant or reproductive material of a plant 
unless-
(a) the plaintiff- 35 
(i) has applied in writing to the defendant for an admission in 
writing to the effect of the declaration sought; 
(ii) has furnished the defendant with full particulars in writing 
of the plant or reproductive material, as the case may be; 
and 40 
(iii) has undertaken to pay a reasonable sum for the expenses of 
the defendant in obtaining advice in respect of the declaration 
sought; and IPINIl! AUSIP/2 
Page 104 
Plant Variety Rights No. 2, 1987 
(b) the defendant has refused or failed to make such an admission. 
(3) The costs of all parties in proceedings for a declaration under this 
section shall, unless the prescribed court otherwise orders, be paid by the 
person seeking the declaration. 
5 (4) The validity of a grant of plant variety rights shall not be called in 
question in proceedings for a declaration under this section and the making 
of, or refusal to make, the declaration does not imply that the grant of plant 
variety rights is, or is not, valid. 
Jurisdiction of Court 
10 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. 
15 (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 
20 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. 
25 (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. 
30 (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. 
PART IV-, PLANT VARIETY RIGHTS ADVISORY COMMITTEE 
35 Establishment of Advisory Committee 
44. (1) There is established by this Act a Committee by the name of 
the Plant Variety Rights Advisory Committee. 
(2) The functions of the Advisory Committee are-
(a) at the request of the Minister, to advise the Minister on the 
40 desirability of a genus or species being declared by the regulations 
to be a genus or species to which this Act applies; and Plant Variety Rights No. 2, 1987 IPINIl! AUS/P/2 
Page 105 
(b) to advise the Secretary on such technical matters arising under this 
Act, and such other matters relating to the administration of this 
Act, as the Secretary refers to the Advisory Committee. 
Membership of Advisory Committee 
45. (1) The Advisory Committee shall consist of- 5 
(a) the Registrar; 
(b) 2 members who, in the opinion of the Minister, are appropriate 
persons to represent breeders, and likely breeders, of new plant 
varieties; 
(c) one member who, in the opinion of the Minister, is an appropriate 10 
person to represent producers, and likely producers, of new plant 
varieties; 
(d) one member who, in the opinion of the Minister, is an appropriate 
person to represent the interests of consumers, and likely consumers, 
of new plant varieties or of the products of new plant varieties; and 15 
(e) 2 other members who, in the opinion of the Minister, possess 
qualifications or experience that are appropriate for a member of 
the Advisory Committee. 
(2) The members, other than the Registrar, shall be appointed by the 
Minister. 20 
(3) The members hold office as part-time members. 
(4) The members, other than the Registrar, hold office during the 
pleasure of the Minister. 
(5) A member, other than the Registrar, may resign his or her office by 
writing signed by the member and delivered to the Minister. 25 
Remuneration and allowances 
46. (1) A member referred to in paragraph 45 (1) (b), (c) or (d) shall 
not be paid any remuneration in respect of the performance of the duties 
of the--member but is entitled, in the appropriate circumstances, to payment 
of allowances as if the member were a Senior Executive Service officer 30 
within the meaning of the Public Service Act 1922. 
(2) The members referred to in paragraph (1) (e) shall be paid-
(a) such remuneration as is determined by the Remuneration Tribunal; 
and 
(b) such allowances as are prescribed. 
(3) This section has effect subject to the Remuneration Tribunals Act 
1973. 35 IPINIl! AUS/P/2 
Page 106 
Plant Variety Rights No. 2. 1987 
Disclosure of interests 
47. (1) A member who has a direct or indirect pecuniary interest in a 
matter being considered at a meeting of the Advisory Committee shall, as 
soon as possible after the relevant facts have come to the member's 
5 knowledge, disclose the nature of the interest at the meeting. 
(2) A disclosure under sub-section (1) in relation to a matter shall­
(a) be recorded in the minutes of the meeting of the Advisory 
Committee; and 
(b) be made known in any advice given by the Committee in relation 
10 to that matter. 
Meetings 
48. (1) The Registrar may convene such meetings of the Advisory 
Committee as are necessary for the purposes of the performance of the 
functions of the Advisory Committee. 
15 (2) At a meeting of the Advisory Committee, 4 members constitute a 
quorum. 
(3) The Registrar shall preside at a meeting of the Advisory Committee 
at which the Registrar is present, but, if the Registrar is not present, the 
members present shall elect one of their number to preside at the meeting. 
20 (4) Subject to sub-section (2), the procedure to be followed at a 
meeting of the Advisory Committee shall be as determined by the Advisory 
Committee. 
PART V-MISCELLANEOUS 
Inspection of Register 
25 49. A person may inspect the Register at any reasonable time and is 
entitled, upon payment of such fee (if any) as is prescribed, to be given a 
copy of an entry in the Register. 
Agents may act in plant variety rights matters 
50. SUbject to any other law of the Commonwealth, including the High 
30 Court Rules and the Federal Court Rules, an application, a written submission 
or any other document may be prepared or lodged, and any business may 
be transacted, for the purposes of this Act, on behalf of a person by another 
person. 
Service of documents 
35 51. (1) Where the Secretary or the Registrar is required by this Act to 
give a written notice or other document to an applicant for, or a grantee 
of, plant variety rights, that document shall be given by being posted by 
pre-paid post as a letter addressed to the applicant or the grantee at the 
address for service shown on the application or entered in the Register, as 
40 the case requires. Plant Variety Rights No. 2, 1987 IPINIl! AUSIPI2 
Page 107 
(2) Where the Secretary or the Registrar is required by this Act to give 
a written notice or other document to a person who has been an applicant 
for, or a grantee of, plant variety rights, that document shall be given by 
being posted by pre-paid post as a letter addressed to that person at the 
address for service of that person that was formerly shown on the application 5 
for those rights or entered in the Register in respect of those rights, as the 
case may be. 
Offences 
52. (1) A person shall not knowingly make a false statement in an 
application or other document given to the Secretary or the Registrar for 10 
the purposes of this Act. 
Penalty: 
(a) in the case of a natural person-$l,OOO or imprisonment for 6 
months, or both; or 
(b) in the case of a body corporate-$5,000. 15 
(2) A person shall not-
(a) falsely represent to another person that he, she or it is the grantee 
of plant variety rights in respect of a plant variety; 
(b) falsely represent to another person that he, she or it is deemed to 
be the grantee of plant variety rights in respect of a plant variety 20 
by virtue of section 21; or 
(c) falsely represent that a plant is a plant of a variety in respect of 
which plant variety rights have been granted. 
Penalty for contravention of this sub-section: 
(a) in the case of a natural person-$l,OOO; or 25 
(b) in the case of a body corporate-$5,OOO. 
(3) Where, in proceedings for an offence against sub-section (1) or (2) 
in respect of any conduct engaged in by a corporation, it is necessary to 
establish the state of mind of the corporation, it is sufficient to show that a 
director, servant or agent of the corporation, being a director, servant or 30 
agent by whom the conduct was engaged in within the scope of his or her 
actual or apparent. authority, had that state of mind. 
(4) Any conduct engaged in on behalf of a corporation-
(a) by a dir~ctor, servant or agent of the corporation within the scope 
of his or her actual or apparent authority; or 35 
(b) by any other person at the direction or with the consent or agreement 
(whether express or implied) of a director, servant or agent of the 
corporation, where the giving of such direction, consent or agreement 
is within the scope of the actual or apparent authority of the 
director, servant or agent, 40 
shall be deemed, for the purposes of a provision of this Act that creates an 
offence, to have been engaged in by the corporation. IP/N/l! AUS/P/2 
Page 108 
Plant Variety Rights No. 2. 1987 
(5) A reference in sub-section (3) to the state of mind of a person 
includes a reference to the knowledge, intention, opinion, belief or purpose 
of the person and the person's reasons for the intention, opinion, belief or 
purpose. 
5 Applications for review 
53. (1) Applications may be made to the Administrative Appeals 
Tribunal for review of-
(a) a decision of the Secretary under paragraph 18 (1) (b) rejecting an 
application; 
10 (b) a decision of the Secretary to refuse to vary an application upon a 
request made under sub-section 19 (1) or (2); 
(c) a decision of the Registrar under sub-section 20 (1) to allow, or 
refuse to allow, further time for the lodging of an objection; 
(d) a decision of the Secretary to give a notice under sub-section 22 (2); 
15 (e) a decision of the Secretary that the Secretary is satisfied, or not 
satisfied, of a matter for the purposes of paragraph 23 (b); 
(f) a decision of the Secretary that the Secretary is satisfied, or not 
satisfied, of a matter for the purposes of paragraph 23 (c); 
(g) a requirement by the Secretary under section 24; 
20 (h) a decision of the Secretary to grant, or refuse to grant, plant variety 
rights under section 26; 
(j) a decision of the Registrar to amend, or refuse to amend, the 
Register under section 31; 
(k) a decision of the Secretary under sub-section 33 (2) or (8) to allow, 
25. or refuse to allow, further time for a delivery; 
(m) a decision by the Minister to impose conditions under sub-section 
34 (1); 
(n) a decision by the Secretary to revoke plant variety rights under 
section 35; 
30 (p) a decision by the Secretary under sub-section 35 (8) not to revoke 
plant variety rights; 
(q) a decision of the Secretary under sub-section 39 (7) to exercise a 
power under sub-section 39 (3); 
(r) a decision of the Secretary to license a person under sub-section 
35 39 (3) or the refusal of the Secretary to license under that sub­
section a person who applied to be so licensed in response to an 
invitation under paragraph 39 (8) (c); 
(s) the determination by the Secretary of the terms and conditions of a 
licence in accordance with sub-section 39 (10); or 
40 (t) a decision of the Secretary to make reproductive material of plants 
available under sub-section 39 (11). 
(2) The Administrative Appeals Tribunal does not have power under 
sub-se~tion 29 (7) of the Administrative Appeals Tribunal Act 1975 to Plant Variety Rights No. 2. 1987 IPINIl! AUS/P/2 
Page 109 
extend the time for making an application to that Tribunal for a review of 
a decision referred to in paragraph (1) (q). 
(3) The Secretary shall give public notice of­
(a) any application made under sub-section (1); 
(b) any decision of the Administrative Appeals Tribunal on such an 5 
application; and 
(c) any decision of a court in relation to, or arising out of­
(i) such an application; or 
(ii) a decision of the Administrative Appeals Tribunal on such 
an application. 10 
(4) In sub-sections (1) and (2), "decision" has the same meaning as in 
the Administrative Appeals Tribunal Act 1975. 
Statement to accompany notice of decisions 
54. (1) Where the Minister, the Secretary, a delegate of the Secretary 
or the Registrar makes a determination, decision or requirement of a kind 15 
referred to in sub-section 53 (1) and gives to the person or persons whose 
interests are affected by the determination, decision or requirement, notice 
in writing of the making of the determination, decision or requirement, that 
notice shall include a statement to the effect that, subject to the 
Administrative Appeals Tribunal Act 1975, application may be made to 20 
the Administrative Appeals Tribunal for review of the determination, decision 
or requirement to which the notice relates by or on behalf of the person or 
persons whose interests are affected by the determination, decision or 
req uiremen t. 
(2) Any failure to comply with the requirements of sub-section (1) in 25 
relation to a determination, decision or requirement does not affect the 
validity of the determination, decision or requirement. 
Regulations 
55. The Governor-General may make regulations, not inconsistent with 
this Act, prescribing all matters required or permitted by this Act to be 30 
prescribed, or necessary or convenient to be prescribed for carrying out or 
giving effect to this Act, and, in particular, prescribing fees, inc1uding-
(a) fees on applications for plant variety rights; 
(b) fees payable by grantees of plant variety rights at specified intervals 
or on specified dates; and 35 
(c) fees to meet costs incurred in the test growing of plants under 
section 24. IPINIl! AUSIP12 
Page 110 
Preamble 
Article 1: 
Article 2: 
Article 3: 
Article 4: 
Article 5: 
Article 6: 
Article 7: 
Article 8: 
Article 9: 
Article 10: 
Article 11 : 
Article 12: 
Article 13: 
Article 14: 
Article 15: 
Article 16: 
Article 17: 
Article 18: 
Article 19: 
Article 20: 
Article 21 : 
Article 22: 
Article 23: 
Article 24: 
Article 25 : 
Article 26: 
Article 27: 
Article 28 : 
Article 29 : 
Article 30: 
Article 31 : 
Article 32: 
Article 33: 
Article 34: 
Article 35: 
Article 36: 
Article 37: 
Article 38: 
Article 39 : 
Article 40: 
Article 41 : 
Article 42 : Plant Variety Rights No. 2, 1987 
SCHEDULE 
CONVENTION Sub-section 3 (1) (definition 
of "Convention") 
International Convention for the Protection 
of New Varieties of Plants 
of December 2, 1961, as revised at Geneva 
on November 10, 1972, and on October 23, 1978 
TABLE OF CONTENTS 
Purpose of the Convention; Constitution of a Union; Seat of the Union 
Forms of Protection 
National Treatment; Reciprocity 
Botanical Genera and Species Which Must or May be Protected 
Rights Protected; Scope of Protection 
Conditions Required for Protection 
Official Examination of Varieties; Provisional Protection 
Period of Protection 
Restriction in the Exercise of Rights Protected 
Nullity and Forfeiture of the Rights Protected 
Free Choice of the Member State in Which the First Application is Filed; Application in 
Other Member States; Independence of Protection in Different Member States 
Right of Priority 
Variety Denomination 
Protection Independent of Measures Regulating Production, Certification and Marketing 
Organs of the Union 
Composition of the Council; Votes 
Observers in Meetings of the Council 
President and Vice-Presidents of the Council 
Sessions of the Council 
Rules of Procedure of the Council; Administrative and Financial Regulations of the Union 
Tasks of the Council 
Majorities Required for Decisions of the Council 
Tasks of the Office of the Union; Responsibilities of the Secretary-General; Appointment 
of Staff . 
Legal Status 
Auditing of the Accounts 
Finances 
Revision of the Convention 
Languages Used by the Office and in Meetings of the Council 
. Special Agreements for the Protection of New Varieties of Plants 
Implementation of the Convention on the Domestic Level; Contracts on the Joint 
Utilisation of Examination Services 
Signature 
Ratification, Acceptance or Approval; Accession 
Entry Into Force; Closing of Earlier Texts 
Relations Between States Bound by Different Texts 
Communications Concerning the Genera and Species Protected; Information to be Published 
Territories 
Exceptional Rules for Protection Under Two Forms 
Transitional Limitation of the Requirement of Novelty 
Preservation of Existing Rights 
Reservations 
Duration and Denunciation of the Convention 
Languages; Depositary Functions Plant Variety Rights No. 2, 1987 
SCHEDULE-continued 
THE CONTRACTING PARTIES, IP/N/l! AUS/P/2 
Page 111 
Considering that the International Convention for the Protection of New Varieties of 
Plants of December 2, 1961, amended by the Additional Act of November 10, 1972, has 
proved a valuable instrument for international cooperation in the field of the protection of 
the rights of the breeders. 
Reaffirming the principles contained in the Preamble to the Convention to the effect 
that: 
(a) They are convinced of the importance attaching to the protection of new varieties of 
piants not only for the development of agriculture in their territory but also for 
safeguarding the interests of breeders, 
(b) they are conscious of the special problems arising from the recognition and protection 
of the rights of breeders and particularly of the limitations that the requirements of 
the public interest may impose on the free exercise of such a right, 
(c) they deem it highly desirable that these problems, to which very many States rightly 
attach importance, should be resolved by each of them in accordance with uniform 
and clearly defined principles, 
Considering that the idea of protecting the rights of breeders has gained general 
acceptance in many States which have not yet acceded to the Convention, 
Considering that certain amendments in the Convention are necessary in order to facilitate 
the joining of the Union by these States, 
Considering that some provisions concerning the administration of the Union created by 
the Convention require amendment in the light of experience, 
Considering that these objectives may be best achieved by a new revision of the 
Convention, 
Have agreed as follows: 
Article 1 
Purpose of the Convention; Constitution of a Union; Seat of the Union 
( I) The purpose of this Convention is to recognise and to ensure to the breeder of a new 
plant variety or to his successor in title (both hereinafter referred to as "the breeder") a 
right under the conditions hereinafter defined. 
(2) The States parties to this Convention (hereinafter referred to as "the member States 
of the Union") constitute a Union for the Protection of New Varieties of Plants. 
(3) The seat of tne Union and its permanent organs shall be at Geneva. 
Article 2 
Forms of Protection 
(I) Each member State of the Union may recognise the right of the breeder provided for 
in this Convention by the grant either of a special title of protection or of a patent. 
Nevertheless, a member State of the Union whose national law admits of protection under 
both these forms may provide only one of them for one and the same botanical genus or 
species. 
(2) Each member State of the Union may limit the application of this Convention within 
a genus or species to varieties with a particular manner of reproduction or multiplication, or 
a certain end-use. IP/N/V AUS/P/2 
Page 112 
Plant Variety Rights No. 2, 1987 
SCHEDULE-continued 
Article 3 
National Treatment; Reciprocity 
(I) Without prejudice to the rights specially provided for in this Convention, natural and 
legal persons resident or having their registered office in one of the member States of the 
Union shall, in so far as the recognition and protection of the right of the breeder are 
concerned, enjoy in the other member States of the Union the same treatment as is accorded 
or may hereafter be accorded by the respective laws of such States to their own nationals, 
provided that such persons comply with the conditions and formalities imposed on such 
nationals. 
(2) Nationals of member States of the Union not resident or having their registered office 
in one of those States shall likewise enjoy the same rights provided that they fulfil such 
obligations as may be imposed on them for the purpose of enabling the varieties which they 
have bred to be examined and the multiplication of such varieties to be checked. 
(3) Notwithstanding the provisions of paragraphs (I) and (2), any member State of the 
Union applying this Convention to a given genus or species sha11 be entitled to limit the 
benefit of the protection to the nationals of those member States of the Union which apply 
this Convention to that genus or species and to natural and legal persons resident or having 
their registered office in any of those States. 
Article 4 
Botanical Genera and Species Which Must or May be Protected 
( 1) This Convention may be applied to an botanical genera species. 
(2) The member States of the Union undertake to adopt all measures necessary for the 
progressive application of the provisions of this Convention to the largest possible number of 
botanical genera and species. 
(3) ra) Each member State of the Union shall, on the entry into force of this Convention 
in its territory, apply the provisions of this Convention to at least five genera or 
species. 
rb) Subsequently, each member State of the Union shaH apply the said provisions to 
additional genera or species within the following periods from the date of the entry 
into force of this Convention in its territory: 
(i) within three years, to at least ten genera or species in aH; 
(ii) within six years, to at least eighteen genera or species in all; 
(iii) within eight years, to at least twenty-four genera or species in all. 
re) If a member State .of the Union has limited the application of this Convention within 
a genus or species in accordance with the provisions of Article 2 (2), that genus or 
species shall nevertheless, for the purposes of subparagraphs ra) and rb), be considered 
as one genus or species. 
(4) At the request of any State intending to ratify, accept, approve or accede to this 
Convention, the Council may, in order to take account of special economic or ecological 
conditions prevailing in that State, decide, for the purpose of that State, to reduce the 
minimum numbers referred to in paragraph (3), or to extend the periods referred to in that 
paragraph, or to do both. 
(5) At the request of any member State of the Union, the Council may, in order to take 
account of special difficulties encountered by that State in the fulfilment of the obligations 
under paragraph (3) rb), decide, for the purposes of that State, to extend the periods referred 
to in paragraph (3) rb). Plant Variety Rights No. 2.1987 
SCHEDULE-continued 
Article '5 
Rights Protected; Scope of Protection IPINIl! AUSIP12 
Page 113 
(I) The effect of the right granted to the breeder is that his prior authorisation shall be 
required for 
the production for purposes of commercial marketing 
-the offering for sale 
-the marketing 
of the reproductive or vegetative propagating material, as such, of the variety. 
Vegetative propagating material shall be deemed to include whole plants. The right of the 
breeder shall extend to ornamental plants or parts thereof normally marketed for purposes 
other than propagation when they are used commercially as propagating material in the 
production of ornamental plants or cut flowers. 
(2) The authorisation given by the breeder may be made subject to such conditions as 
he may specify. 
(3) Authorisation by the breeder shall not be required either for the utilisation of the 
variety as an initial source of variation for the purpose of creating other varieties or for the 
marketing of such varieties. Such authorisation shall be required, however, when the repeated 
use of the variety is necessary for the commercial production of another variety. 
(4) Any member State of the Union may, either under its own law or by means of 
special agreements under Article 29, grant to breeders, in respect of certain botanical genera 
or species, a more extensive right than that set out in paragraph (I), extending in particular 
to the marketed product. A member State of the Union which grants such a right may limit 
the benefit of it to the nationals of member States of the Union which grant an identical 
right and to natural and legal persons resident or having their registered office in any of 
those States. 
Article 6 
Conditions Required for Protection 
(I) The breeder shall benefit from the protection provided for in this Convention when 
the following conditions are satisfied: 
(a) Whatever may be the origin, artificial or natural, of the initial variation from which 
it has resulted, the variety must be clearly distinguishable by one or more important 
characteristics from any other variety whose existence is a matter of common 
knowledge at the time when protection is applied for. Common knowledge may be 
established by reference to various factors such as: cultivation or marketing already 
in progress, entry in an official register of varieties already made or in the course of 
being made, inclusion in a reference collection, or precise description in a publication. 
The characteristics which permit a variety to be defined and distinguished must be 
capable of precise recognition and description. 
(b) At the date on which the application for protection in a member State of the Union 
is filed, the variety 
(i) must not-or, where the law of that State so provides, must not for longer 
than one year-have been offered for sale or marketed, with the agreement 
of the breeder, in the territory of that State, and 
(ii) must not have been offered for sale or marketed, with the agreement of the 
breeder, in the territory of any other State for longer than six years in the 
case of vines, forest trees, fruit trees and ornamental trees, including, in each 
case, their rootstocks, or for longer than four years in the case of all other 
plants. IPINIl! AUS/P/2 
Page 114 
Plant Variety Rights No. 2, 1987 
SCHEDULE-continued 
Trials of the variety not involving offering for sale or marketing shall not affect the 
right to protection. The fact that the variety has become a matter of common 
knowledge in ways other than through offering for sale or marketing shall also not 
affect the right of the breeder to protection. 
(c) The variety must be sufficiently homogeneous, having regard to the particular features 
of its sexual reproduction or vegetative propagation. 
(d) The variety must be stable in its essential characteristics, that is to say, it must 
remain true to its description after repeated reproduction or propagation or, where 
the breeder has defined a particular cycle of reproduction or multiplication, at the 
end of each cycle. 
(e) The variety shall be given a denomination as provided in Article 13. 
(2) Provided that the breeder shall have complied with the formalities provided for by 
the national law of the member State of the Union in which the application for protection 
was filed, including the payment of fees, the grant of protection may not be made subject to 
conditions other than those set forth above. 
Article 7 
Official Examination of Varieties; Provisional Protection 
(1) Protection shall be granted after examination of the variety in the light of the criteria 
defined in Article 6. Such examination shall be appropriate to each botanical genus or species. 
(2) For the purposes of such examination, the competent authorities of each member 
State of the Union may require the breeder to furnish all the necessary information, 
documents, propagating material or seeds. 
(3) Any member State of the Union may provide measures to protect the breeder against 
abusive acts of third parties committed during the period between the filing of the application 
for protection and the decision thereon. 
Article 8 
Period of Protection 
The right conferred on the breeder shall be granted for a limited period. This period may 
not be less than fifteen years, computed from the date of issue of the title of protection. For 
vines, forest trees, fruit trees and ornamental trees, including, in each case, their rootstocks, 
the period of protection may not be less than eighteen years, computed from the said date. 
Article 9 
Restrictions in the Exercise of Rights Protected 
(1) The free exercise of the exclusive right accorded to the breeder may not be restricted 
otherwise than for reasons of public interest. 
(2) When any such restriction is made in order to ensure the widespread distribution of 
the variety, the member State of the Union concerned shall take all measures necessary to 
ensure that the breeder receives equitable remuneration. 
Article 10 
Nullity and Forfeiture of the Rights Protected 
(1) The right of the breeder shall be declared null and void, in accordance with the 
provisions of the national law of each member State of the Union, if it is established that 
the conditions laid down in Article 6 (1) (a) and (b) were not effectively complied with at 
the time when the title of protection was issued. Plant Variety Rights No. 2, 1987 
SCHEDULE-continued IP/N/I/AUSIP12 
Page 115 
(2) The right of the breeder shall become forfeit when he is no longer in a position to 
provide the competent authority with reproductive or propagating material capable of 
producing the variety with its characteristics as defined when the protection was granted. 
(3) The right of the breeder may become forfeit if: 
(a) after being requested to do so and within a prescribed period, he does not provide 
the competent authority with the reproductive or propagating material, the 
documents and the information deemed necessary for checking the variety, or he 
does not allow inspection of the measures which have been taken for the maintenance 
of the variety; or 
(b) he has failed to pay within the prescribed period such fees as may be payable to 
keep his rights in force. 
(4) The right of the breeder may not be annulled or become forfeit except on the grounds 
set out in this Article. 
Article 11 
Free Choice of the Member State in Which the First Application is Filed; Application in 
Other Member States; Independence of Protection in Different Member States 
(1) The breeder may choose the member State of the Union in which he wishes to file 
his first application for protection. 
(2) The bre~der may apply to other member States of the Union for protection of his 
right without waiting for the issue to him of a title of protection by the member State of the 
Union in which he filed his first application. 
(3) The protection applied for in different member States of the Union by natural or 
legal persons entitled to benefit under this Convention shall be independent of the protection 
obtained for the same variety in other States whether or not such States are members of the 
Union. 
Article 12 
Right of Priority 
(1) Any breeder who has duly filed an application for protection in one of the member 
States of the Union shall, for the purpose of filing in the other member States of the Union, 
enjoy a right of priority for a period of twelve months. This period shall be computed from 
the date of filing of the first application. The day of filing shall not be included in such 
period. 
(2) To benefit from the provisions of paragraph (I), the further filing must include an 
application for protection, a claim in respect of the priority of the first application and, 
within a period of three months, a copy of the documents which constitute that application, 
certified to be a true copy by the authority which received it. 
(3) The breeder shall be allowed a period of four years after the expiration of the period 
of priority in which to furnish, to the member State of the Union with which he has filed an 
application for protection in accordance with the terms of paragraph (2), the additional 
documents and material required by the laws and regulations of that State. Nevertheless, that 
State may require the additional documents and material to be furnished within an adequate 
period in the case where the application whose priority is claimed is rejected or withdrawn. 
(4) Such matters as the filing of another application or the publication or use of the 
subject of the application, occurring within the period provided for in paragraph (1), shall 
not constitute grounds for objection to an application filed in accordance with the foregoing 
conditions. Such matters may not give rise to any right in favour of a third party or to any 
right of personal poss~ssion. IPINIl! AUSIP/2 
Page 116 
Plant Variety Rights No. 2, 1987 
SCHEDULE-continued 
Article 13 
Variety Denomination 
(I) The variety shall be designated by a denomination destined to be its generic designation. 
Each member State of the Union shall ensure that subject to paragraph (4) no rights in the 
designation registered as the denomination of the variety shall hamper the free use of the 
denomination in connection with the variety, even after the expiration of the protection. 
(2) The denomination must enable the variety to be identified. It may not consist solely 
of figures except where this is an established practice for designating varieties. It must not be 
liable to mislead or to cause confusion concerning the characteristics, value or identity of the 
variety or the identity of the breeder. In particular, it must be different from every 
denomination which designates, in any member State of the Union, an existing variety of the 
same botanical species or of a closely related species. 
(3) The denomination of the variety shall be submitted by the breeder to the authority 
referred to in Article 30 (I) (b). If it is found that such denomination does not satisfy the 
requirements of paragraph (2), that authority shall refuse to register it and shall require the 
breeder to propose another denomination within a prescribed period. The denomination shall 
be registered at the same time as the title of protection is issued in accordance with the 
provisions of Article 7. 
(4) Prior rights of third parties shall not be affected. If, by reason of a prior right, the 
use of the denomination of a variety is forbidden to a person who, in accordance with the 
provisions of paragraph (7), is obliged to use it, the authority referred to in Article 30 (I) (b) 
shall require the breeder to submit another denomination for the variety. 
(5) A variety must be submitted in member States of the Union under the same 
denomination. The authority referred to in Article 30 (I) (b) shall register the 
denomination so submitted, unless it considers that denomination unsuitable in its State. 
In the latter case, it may require the breeder to submit another denomination. 
(6) The authority referred to in Article 30 (1) (b) shall ensure that all the other 
such authorities are informed of matters concerning variety denominations, in particular 
the submission, registration and cancellation of denominations. Any authority referred 
to in Article 30 (1) (b) may address its observations, if any, on the registration of a 
denomination to the authority which communicated that denomination. 
(7) Any person who, in a member State of the Union, offers for sale or markets 
reproductive or vegetative propagating material of a variety protected in that State shall 
be obliged to use the denomination of that variety, even after the expiration of the 
protection of that variety, in so far as, in accordance with the provisions of paragraph 
(4), prior rights do not prevent such use. 
(8) When the variety is offered for sale or marketed, it shall be permitted to 
associate a trade P1ark, trade name or other similar indication with a registered variety 
denomination. If such an indication is so associated, the denomination must nevertheless 
be easily recognizable. 
Article 14 
Protection Independent of Measures RegUlating Production, Certification and 
Marketing 
( I) The right accorded to the breeder in pursuance of the provisions of this 
Convention shall be independent of the measures taken by each member State of the 
Union to regulate the production, certification and marketing of seeds and propagating 
material. Plant Variety Rights No. 2, 1987 
SCHEDULE-continued IP/N/l! AUS/P/2 
Page 117 
(2) However, such measures shall, as far as possible, avoid hindering the application 
of the provisions of this Convention. 
Article IS 
Organs of the Union 
The permanent organs of the Union shall be: 
(a) the Council; 
(b) . the Secretariat General, entitled the Office of the International Union for the 
Protection of New Varieties of Plants. 
Article 16 
Composition of the Council; Votes 
(I) The Council shall consist of the representatives of the member States of the 
Union. Each member State of the Union shall appoint one representative to the Council 
and one alternate. 
(2) Representatives or alternates may be accompanied by assistants or advisers. 
(3) Each member State of the Union shall have one vote in the Council. 
Article 17 
Obseners in Meetings of the Council 
(I) States not members of the Union which have signed this Act shall be invited as 
observers to meetings of the Council. 
(2) Other observers or experts may also be invited to such meetings. 
Article 18 
President and Vice-Presidents of the Council 
(I) The Council shall elect a President and a first Vice-President from among its 
members. It may elect other Vice-Presidents. The first Vice-President shall take the 
place of the President if the latter is unable to officiate. 
(2) The President shall hold office for three years. 
Article 19 
Sessions of the Council 
(I) The Council shall meet upon convocation by its President. 
(2) An ordinary session of the Council shall be held annually. In addition, the 
President may convene the Council at his discretion; he shall convene it, within a period 
of three months, if one-third of the member States of the Union so request. 
Article 20 
Rules of Procedure of the Council; Administrative and Financial Regulations of the 
Union 
The Council shall establish its rules of procedure and the administrative and financial 
regulations of the Union. IPINIl! AUS/PI2 
Page 118 
Plant Variety Rights No. 2, 1987 
SCHEDULE-continued 
Article 21 
Tasks of the Council 
The tasks of the Council shall be to: 
(a) study appropriate measures to safeguard the interests and to encourage the 
development of the Union; 
(b) appoint the Secretary-General and, if it finds it necessary, a vice Secretary­
General and determine the terms of appointment of each; 
(c) examine the annual report on the activities of the Union and lay down the 
programme for its future work; 
(d) give to the Secretary-General, whose functions are set out in Article 23, all the 
necessary directions for the accomplishment of the tasks of the Union; 
(e) examine and approve the budget of the Union and fix the contribution of each 
member State of the Union in accordance with the provisions of Article 26; 
(f) examine and approve the accounts presented by the Secretary-General; 
(g) fix, in accordance with the provisions of Article 27, the date and place of the 
conferences referred to in that article and take the measures necessary for their 
preparation; and 
(h) in general, take all necessary decisions to ensure the efficient functioning of the 
Union. 
Article 22 
Majorities Required for Decisions of the Council 
Any decision of the Council shall require a simple majority of the votes of the 
members present and voting, provided that any decision of the Council under Articles 
4 (4), 20, 21 (e), 26 (5) (b), 27 (1), 28 (3) or 32 (3) shall require three-fourths of the 
votes of the members present and voting. Abstentions shall not be considered as votes. 
Article 23 
Tasks of the Office of the Union; Responsibilities of the Secretary-General; Appointment 
of Staff 
(1) The Office of the Union shall carry out all the duties and tasks entrusted to it by 
the Council. It shall be under the direction of the Secretary-General. 
(2) The Secretary-General shall be responsible to the Council; he shall be responsible for 
carrying out the decisions of the Council. He shall submit the budget for the approval of the 
Council and shall be responsible for its implementation. He shall make an annual report to 
the Council ~)O his administration and a report on the activities and financial position of the 
Union. 
(3) Subject to the provisions of Article 21 (b), the conditions of appointment and 
employment of the staff necessary for the efficient performance of the tasks of the Office of 
the Union shall be fixed in the administrative and financial regulations referred to in Article 
20. 
Article 24 
Legal Status 
(1) The Union shall have legal personality. 
(2) The Union shall enjoy on the territory of each member State of the Union, in 
conformity with the laws of that State, such legal capacity as may be necessary for the 
fulfilment of the objectives of the Union and for the exercise of its functions. Plant Variety Rights No. 2, 1987 
SCHEDULE-continued IP/N/lI AUSIP/2 
Page 119 
(3) The Union shall conclude a headquarters agreement with the Swiss Confederation. 
Article 25 
Auditing of the Accounts 
The auditing of the accounts of the Union shall be effected by a member State of the 
Union as provided in the administrative and financial regulations referred to in Article 20. 
Such State shall be designated, with its agreement, by the Council. 
Article 26 
Finances 
(1) The expenses of the Union shall be met from: 
the annual contributions of the member States of the Union; 
-payments received for services rendered; 
-miscellaneous receipts. 
(2) (a) The share of each member State of the Union in the total amount of the annual 
contributions shall be determined by reference to the total expenditure to be met 
from the contributions of the member States of the Union and to the number of 
contribution units applicable to it under paragraph (3). The said share shall be 
computed according to paragraph (4). 
(b) The number of contribution units shall be expressed in whole numbers or fractions 
thereof, provided that such number shall not be less than one-fifth. 
(3) (a) As far as any State is concerned which is a member State of the Union on the 
date on which this Act enters into force with respect to that State, the number of 
contribution units applicable to it shall be the same as was applicable to it, immediately 
before the said date, according to the Convention of 1961 as amended by the 
Additional Act of 1972. 
(b) As far as any other State is concerned, that State shall, on joining the Union, 
indicate, in a declaration addressed to the Secretary-General, the number of 
contribution units applicable to it. 
(c) Any member State of the Union may, at any time, indicate, in a declaration addressed 
to the Secretary-General, a number of contribution units different from the number 
applicable to it under subparagraph (a) or (b). Such declaration, if made during the 
first six months of a calendar year, shall take effect from the beginning of the 
subsequent calendar year; otherwise it shall take effect from the beginning of the 
second calendar year which follows the year in which the declaration was made. 
-( 4) (a) For each budgetary period, the amount corresponding to one contribution unit 
shall be obtained by dividing the total amount of the expenditure to be met in that 
period from the contributions of the member States of the Union by the total number 
of uni~s applicable to those States. 
(b) The amount of the contribution of each member State of the Union shall be obtained 
by mUltiplying the amount corresponding to one contribution unit by the number of 
contribution units applicable to that State. 
(5) (a) A member State of the Union which is in arrears in the payment of its 
contributions may not, subject to paragraph (b), exercise its right to vote in the 
Council if the amount of its arrears equals or exceeds the amount of the contributions 
due from it for the preceding two full years. The suspension of the right to vote does 
not relieve such State of its obligations under this Convention and does not deprive 
it of any other rights thereunder. IPINIl! AUSIP12 
Page 120 
Plant Variety Rights No. 2. 1987 
SCHEDULE-cOntinued 
(b) The Council may allow the said State to continue to exercise its right to vote if, and 
as long as, the Council is satisfied that the delay in payment is due to exceptional 
and unavoidable circumstances. 
Article 27 
Revision of the Convention 
(1) This Convention may be revised by a conference of the member States of the Union. 
The convocation of such conference shall be decided by the Council. 
(2) The proceedings of a conference shall be effective only if at least half of the member 
States of the Union are represented at it. A majority of five-sixths of the member States of 
the Union represented at the conference shall be required for the adoption of a revised text 
of the Convention. 
Article 28 
Languages Used by the Office and in Meetings of the Council 
(I) The English, French and German languages shall be used by the Office of the Union 
in carrying out its duties. 
(2) Meetings of the Council and of revision conferences shall be held in the three 
languages. 
(3) If the need arises, the Council may decide that further languages shall be used. 
Article 29 
Special Agreement for the Protection of New Varieties of Plants 
Member States of the Union reserve the right to conclude" among themselves special 
agreements for the protection of new varieties of plants, in so far as such agreements do not 
contravene the provisions of this Convention. 
Article 30 
Implementation of the Convention on the Domestic Level; Contracts on the Joint 
Utilisation of Examination Services 
(1) Each member State of the Union shall adopt all measures necessary for the application 
of this Convention; in particular, it shall: 
(a) provide for appropriate legal remedies for the effective defence of the rights provided 
for in this Convention; 
(b) set up a special authority for the protection of new varieties of plants or entrust such 
protection to an existing authority; 
(c) ensure that the public is informed of matters concerning such protection, including 
as a minimum the periodical publication of the list of titles of protection issued. 
(2) Contracts may be concluded between the competent authorities of the member States 
of the Union, with a view to the joint utilisation of the services of the authorities entrusted 
with the examination of varieties in accordance with the provisions of Article 7 and with 
assembling the necessary reference collections and documents. 
(3) It shall be understood that, on depositing il~ instrument of ratification, acceptance, 
approval. or accession, each State must be in a position, under its own domestic law, to give 
effect to the provisions of this Convention. Plant Variety Rights No. 2,1987 
SCHEDULE-continued 
Article 31 
Signature IPINIl! AUS/P/2 
Page 121 
This Act shall be open for signature by any member State of the Union and any other 
State which was represented in the Diplomatic Conference adopting this Act. It shall remain 
open for signature until October 31, 1979. 
Article 32 
Ratification, Acceptance or Approval; Accession 
(1) Any State shall express its consent to be bound by this Act by the deposit of: 
(a) its instrument or ratification, acceptance or approval, if it has signed this Act; or 
(b) its instrument of accession, if it has not signed this Act. 
(2) Instruments of ratification, acceptance, approval or accession shall be deposited with 
the Secretary-General. 
(3) Any State which is not a member of the Union and which has not signed this Act 
shall, before depositing its instrument of accession, ask the Council to advise it in respect of 
the conformity of its laws with the provisions of the Act. If the decision embodying the 
advice is positive, the instrument of accession may be deposited. 
Article 33 
Entry Into Force; Closing of Earlier Texts 
(1) This Act shall enter into force one month after the following two conditions are 
fulfilled: 
(a) the number of instruments of ratification, acceptance, approval or accession deposited 
is not less than five; and 
(b) at least three of the said instruments are instruments deposited by States parties to 
the Convention of 1961. 
(2) With respect to any State which deposits its instrument of ratification, acceptance, 
approval or accession after the conditions referred to in paragraph (I) (a) and (b) have been 
fulfilled, this Act shall enter into force one month after the deposit of the instrument of the 
said State. 
(3) Once this Act enters into force according to paragraph (I), no State may accede to 
the Convention of 1961 as amended by the Additional Act of 1972. 
Article 34 
Relations Between States Bound by Different Texts 
(I) Any member State of the Union which, on the day on which this Act enters into 
force with respect to that State, is bound by the Convention of 1961 as amended by the 
Additional Act 'of 1972 shall, in its relations with any other member State of the Union 
which is not bound by this Act, continue to apply, until the present Act enters into force 
also with respect to that other State, the said Convention as amended by the said Additional 
Act. 
(2) Any member State of the Union not bound by this Act ("the former State") may 
declare, in a notification addressed to the Secretary-General, that it will apply the Convention 
of 1961 as amended by the Additional Act of 1972 in its relations with any State bol,md by 
this Act which becomes a member of the Union through ratification, acceptance or approval 
of or accession to this Act ("the latter State"). As from the beginning of one month after 
the date of any such notification and until the entry into force of this Act with respect to IPINIl! AUS/P/2 
Page 122 
Plant Variety Rights No. 2, 1987 
SCHEDULE-continued 
the former State, the former State shall apply the Convention of 1961 as amended by the 
Additional Act of 1972 in its relations with any such latter State, whereas any such latter 
State shall apply this Act in its relations with the former State. 
Article 3S 
Communications Concerning the Genera and Species Protected; Information to be 
Published 
(1) When depositing its instrument of ratification, acceptance or approval of or accession 
to' this Act, each State which is not a member of the Union shall notify the Secretary­
General of the list of genera and species to which, on the entry into force of this Act with 
respect to that State, it will apply the provisions of this Convention. 
(2) The Secretary-General shall, on the basis of communications received from each 
member State of the Union concerned, publish information on: 
(a) the extension of the application of the provisions of this Convention to additional 
genera and species after the entry into force of this Act with respect to that State; 
(b) any use of the faculty provided for in Article 3 (3); 
(c) the use of any faculty granted by the Council pursuant to Article 4 (4) or (5); 
(d) any use of the faculty provided for in Article 5 (4), first sentence, with an indication 
of the nature of the more extensive rights and with specification of the genera and 
species to which such rights apply; 
(e) any use of the faculty provided for in Article 5 (4), second sentence; 
(f) the fact that the law of the said State contains a provision as permitted under Article 
6 (I) (b) (i), and the length of the period permitted; 
(g) the length of the period referred to to Article 8 if such period is longer than the 
fifteen years and the eighteen years, respectively, referred to in that Article. 
Article 36 
Territories 
(I) Any State may declare in its instrument of ratification, acceptance, approval or 
accession, or may inform the Secretary-General by written notification any time thereafter, 
that this Act shall be applicable to all or part of the territories designated in the declaration 
or notification. 
(2) Any State which has made such a declaration or given such a notification may, at 
any time, notify the Secretary-General that this Act shall cease to be applicable to all or 
part of such territories. 
(3) (a) Any declaration made under paragraph (l) shall take effect on the same date as 
the ratification, acceptance, approval, or accession in the instrument of which it was 
included, and any notification given under that paragraph shall take effect three 
months after its notification by the Secretary-General. 
(b) Any notification given under paragraph (2) shall take effect twelve months after its 
receipt by the Secretary-General. 
Article 37 
Exceptional Rules for Protection Under Two Forms 
(1) Notwithstanding the provisions of Article 2 (I), any State which, prior to the end of 
the period during' which this Act is open for signature, provides for protection under the 
different forms referred to in Article 2 (1) for one and the same genus or species, may 
continue (0 do so if, at the time of signing this Act or of depositing its instrument of Plant Variety Rights No. 2, 1987 
SCHEDULE-continued IP/N/lIAUSIP/2 
Page 123 
ratification, acceptance or approval of or accession to this Act, it notifies the Secretary­
General of that fact. 
(2) Where, in a member State of the Union to which paragraph (1) applies, protection 
is sought under patent legislation, the said State may apply the patentability criteria and the 
period of protection of the patent legislation to the varieties protected thereunder, 
notwithstanding the provisions of Article 6 (I) (a) and (b) and 8. 
(3) The said State may, at any time, notify the Secretary-General of the withdrawal of 
the notification it has given under paragraph (1). Such withdrawal shall take effect on the 
date which the State shall indicate in its notification of withdrawal. 
Article 38 
Transitional Limitation of the Requirement of Novdty 
Notwithstanding the provisions of Article 6, any member State of the Union may, without 
thereby creating an obligation for other member States of the Union, limit the requirement 
of novelty laid down in that Article, with regard to varieties of recent creation existing at 
the date on which such State applies the provisions of this Convention for the first time to 
the genus or species to which such varieties belong. 
Article 39 
Preservation of Existing Rights 
This Convention shall not affect existing rights under the national laws of member States 
of the Union or under agreements concluded between such States. 
Article 40 
Reservations 
No reservations to this Convention are permitted. 
Article 41 
Duration and Denunciation of the Convention 
(1) This Convention is of unlimited duration. 
(2) Any member State of the Union may denounce this Convention by notification 
addressed to the Secretary-General. The Secretary-General shall promptly notify all member 
States of the Union of the receipt of that notification. 
(3) The denunciation shall take effect at the end of the calendar year following the year 
in which the notification was received by the Secretary-General. 
(4) The denunciation shall not affect any rights acquired in a variety by reason of this 
Convention prior to the date on which the denunciation becomes effective. 
Article 42 
Languages; Depositary Functions 
( 1) This Act shall be signed in a single original in the French, English and German 
languages, the French text prevailing in case of any discrepancy among the various texts. 
The original shall be deposited with the Secretary-General. 
(2) The Secretary-General shall transmit two certified copies of this Act to the 
Governments of all States which were represented in the Diplomatic Conference that adopted 
it and, on request, to tile Government of any other State. IPINIl! AUSIPI2 
Page 124 
Plant Variety Rights No. 2, 1987 
SCHEDULE-continued 
(3) The Secretary-General shall, after consultation with the Governments of the interested 
States which were represented in the said Conference, establish official texts in the Arabic, 
Dutch, Italian, Japanese and Spanish languages and such other languages as the Council may 
designate. . 
(4) The Secretary-General shall register this Act with the Secretariat of the United 
Nations. 
(5) The Secretary-General shall notify the Governments of the member States of the 
Union and of the States which, without being members of the Union, were represented in 
the Diplomatic Conference that adopted it of the signatures of this Act, the deposit of the 
instruments of ratification, acceptance, approval and accession, any notification received 
under Articles 34 (2), 36 (I) and (2), 37 (1) and (3) or 41 (2) and any declaration made 
under Article 36 (1). 
[Minister's second reading speech made in-
House of Representatives on 8 October 1986 
Senate on 1 December 1986] 
Printed by Authority by the Commonwealth Government Printer (15/86) IP/N/l! AUSIP12 
Page 125 
Primary Industries and Energy Legislation 
Amendment Act 1988 
Section 
1. 
2. Short title 
Commencement No. 111 of 1988 
TABLE OF PROVISIONS 
PART I-PRELIMINARY 
PART IJ-AMENDMENTS AND REPEAL OF VARIOUS ACTS 
3. Amendments of Acts 
4. Repeal 
PART Ill-REPEAL OF CANNED FRUITS LEGISLATION 
5. Interpretation 
6. Repeal 
7. Continued application of Levy and Levy Collection Acts 
8.' Corporation to continue in existence for certain purposes 
9. Re-appointment of existing members of Corporation 
10. Corporation to prepare final report 
11. Discharge of obligations of Corporation 
12. Corporation to prepare final financial statements 
13. Disposal of Corporation's assets 
14. Dissolution of Corporation 
IS. Exemption of certain instruments from taxation 
16215/88 Cat. No. 886846 I SCHEDULE 
AMENDMENTS OF ACTS lP/Nil/ AUSIP/2 
Page 126 
Primary Industries and Energy Legislation 
Amendment Act 1988 
No. 111 of 1988 
An Act to amend and repeal various Acts relating to 
matters dealt with by the Department of Primary Industries 
and Energy, and for related purposes 
[Assented to 12 December 1988] 
BE IT ENACTED by the Queen, and the Senate and the House of 
Rew-.esentatives of the Commonwealth of Australia, as follows: 
PART I-PRELIMINARY 
Short title 
5 1. This Act may be cited as the Primary Industries and Energy 
Legislation Amendment Act 1988. 
Commencement 
2. (1) Subject to this section, this Act commences on the day on which 
it receives the Royal Assent. 
10 (2) Subsection 6 (1) and section 7 commence on 1 December 1988. IP/N/lIAUS/P/2 
Page 127 
Primary Industries and Energy Legislation Amendment 
No. 111. 1988 
(3) The remaining provisions of ·Part Ill, and the amendments of the 
Administrative Decisions (Judicial Review) Act 1977, commence on 1 
January 1989. 
PART II-AMENDMENTS AND REPEAL OF VARIOUS ACTS 
Amendment of Acts 
3. The Acts specified in the Schedule are amended as set out in the 
Schedule. 
Repeal 
4. The Dairying Industry Act 1967 is repealed. 5 
PART Ill-REPEAL OF CANNED FRUITS LEGISLATION 10 
Interpretation 
S. In this Part: 
"Corporation" means the Australian Canned Fruits Corporation; 
"repealed Marketing Act" means the Canned Fruits Marketing Act 
1979 (as amended and in force immediately before the 15 
commencement of this section). 
Repeal 
6. (1) The following Acts are repealed: 
Canned Fruits Levy Act 1979 
Canned Fruits Levy Amendment Act 1982 
Canned Fruits Levy Amendment Act 1984 
Canned Fruits Levy Collection Act 1979 
Canned Fruits Levy Collection Amendment Act 1984 . 
. (2) The following Acts are also repealed: 
Canned Fruits Marketing Act 1979 
Canned fruits Marketing Legislation Repeal and Amendment Act 
1982 
Canned Fruits Marketing Amendment Act 1984. 
Continued application of Levy and Levy Collection Acts 20 
25 
7. In spite of the repeals effected by subsection 6 (1), the Canned Fruits 30 
Levy Act 1979, and the Canned Fruits Levy Collection Act 1979, (as 
amended and in force immediately before the commencement of this section) 
continue to apply in relation to canned fruits, within the meaning of those 
Acts, produced before that commencement. IPINIl! AUSIP12 
Page 128 
Primary Industries and Energy Legis/ation Amendment 
No. 111, 1988 
Corporation to continue in existence for certain purposes 
8. In spite of the repeals effected by subsection 6 (2): 
(a) the Corporation continues in existence, by force of this section, for 
the purpose of complying with this Part, until a notice is published 
5 in the Gazette under section 14; and 
(b) section 3, Part Ill, sections 14, 17, 17A, 18, 19,20 and 21, subsections 
22 (1), (6) and (7) and 23 (2) and. sections 24 to 34 (inclusive), 
44, 46, 47, 48, 49, 50 and 51 of the repealed Marketing Act 
continue, subject to this Part, to have effect while the Corporation 
10 continues in existence. 
Re-appointment of existing members of Corporation 
9. The persons who were, on 31 December 1988, members and deputies 
of members of the Corporation are, by force of this section, re-appointed to 
the respective offices that they held under the repealed Marketing Act on 
15 that day. 
Corporation to prepare final report 
10. (1) The Corporation shall, as soon as practicable after the 
commencement of this section, and, in any event, before 1 July 1989, prepare 
and submit to the Minister a report of the operation of the repealed 
20 Marketing Act during the period that commenced at the end of the last 
period in relation to which a report of the operations of the Corporation 
was furnished to the Minister under that Act and ended on 31 December 
19&8,," together with financial statements in relation to the period in such 
form as the Minister for Finance approves. 
25 (2) Before submitting the financial statements to the Minister, the 
Corporation shall submit them to the Auditor-General, who shall report to 
the Minister: 
(a) whether, in the Auditor-General's opinion, the statements are based 
on proper accounts and records; 
30 (b) whether the statements are in agreement with the accounts and 
records and, in the Auditor-General's opinion, show fairly the 
financial transactions and state of affairs of the Corporation; 
(c) whether, in the Auditor-General's opinion, the receipt, expenditure 
and investment of money, and the acquisition and disposal of assets, 
35 by the Corporation during the period were in accordance with the 
repealed Marketing Act; and 
(d) as to such other matters arising out of the state"ments as the 
Auditor-General considers should be reported to the Minister. 
(3) The Minister shall cause a copy of the report and financial statements, 
40 together with a copy of the Auditor-General's report, to be laid before each 
House of the Parliament within 15 sitting days of that House after their 
receipt by the Minister. IPINIl! AUSIP12 
Page 129 
Primary Industries and Energy Legislation Amendment 
No. HI, 1988 
Discharge of obligations of Corporation 
11. The Corporation shall, as soon as practicable after the commencement 
of this section, payor discharge all of its debts, liabilities and obligations, 
including its obligations under contracts and arrangements to which it is or 
becomes a party. 5 
Corporation to prepare final financial statements 
12. (1) The Corporation shall, as soon as practicable after the 
commencement of this section, prepare and submit to the Minister financial 
statements, in such form as the Minister for Finance approves, in relation 
to its operations during the period that commenced on 1 January 1989 and 10 
ended when it complied with sections 10, 11 and 13. 
(2) Before submitting the financial statements to the Minister, the 
Corporation shall submit them to the Auditor-General, who shall report to 
the Minister: 
(a) whether, in the Auditor-General's opinion, the statements are based 15 
on proper accounts and records; 
(b) whether the statements are in agreement with the accounts and 
records and, in the Auditor-General's opinion, show fairly the 
financial transactions and state of affairs of the Corporation; 
(c) whether, in the Auditor-General's opinion, the receipt, expenditure 20 
and investment of money, and the acquisition and disposal of assets, 
by the Corporation during the period have been in accordance with 
the continued provisions of the repealed Marketing Act and this 
Part; and 
(d) as to such other matters arising out of the statements as the 25 
Auditor-General considers should be reported to the Minister. 
(3) The Minister shall cause a copy of the financial statements, together 
with a copy of the Auditor-General's report, to be laid before each House 
of the Parliament within 15 sitting days of that House after their receipt by 
the Minister. 30 
Disposal of Corporation's assets 
13. (1) The Corporation shall, as soon as practicable after the 
commencement of this section, make written recommendations to the Minister 
in relation to the disposal of the assets of the Corporation remaining after 
this section and sections 10, 11 and 12 have been given effect to. 35 
(2) The Minister may, in writing, approve, or refuse to approve, the 
recommendations. 
(3) The assets of the Corporation referred to in subsection (1) shall be 
disposed of by the Corporation in accordance with recommendations made 
under that subsection that have been approved by the Minister. 40 IP/N/V AUS/P/2 
Page 130 
Primary Industries and Energy Legislation Amendment 
No. 111, 1988 
Dissolution of Corporation 
14. When the Minister: 
(a) has approved recommendations made under subsection 13 (1); and 
(b) is satisfied that the Corporation has complied with sections 10 to 
5 13 (inclusive); 
the Minister shall, by notice published in the Gazette, declare· that, on the 
publication of the notice, the Corporation is to cease to exist. 
Exemption of certain instruments from taxation 
IS. (1) Where the Secretary to the Department, or an officer of the 
10 Department authorised in writing by the Secretary for the purpose, certifies, 
in writing, that an instrument specified or described in the certificate is 
~ade or given because of, or for a purpose connected with or arising out 
of, the operation of this Part, the instrument is not subject to stamp duty 
or any other tax under a law of the Commonwealth or of a State or 
15 Territory. 
(2) A document purporting to be a certificate under subsection (1) shall, 
unless the contrary is established, be taken to be such a certificate and to 
have been duly given. IP/NIl/AUSIP12 
Page 131 
Primary Industries and Energy Legislation Amendment 
No. 111. 1988 
SCHEDULE 
AMENDMENTS OF ACTS 
AdministratiYe Decisions (Judicial Rel'iew) Act 1977 
Schedule 2 .. (paragr~ph (k»: 
(a) Omit "Austi~~an Canned Fruits Corporation". Section 3 
Cb) Omit "Austra1ian' Meat and Livestock Corporation", substitute 
"Australian Meat and Live-:stock Corporation". 
Australian Meat and Lil'e-stock Corporation Act 1977 
Subsection 50B (3): 
Omit the subsection, substitute the following subsection: 
"(3) A person (other than the Corporation) shall not make a contract 
for the carriage of meat, by sea, to a country or place outside Australia 
unless: 
(a) the person is the holder of a meat export licence; 
Cb) the person makes the contract as the agent of the holder of a meat 
export licence; or 
(c) the person makes the contract with the holder of a meat export 
licence and, under the contract, the person is to carry the meat, by 
sea, to the country or place outside Australia.'~. 
Subsection 50B (6): 
Omit the subsection, substitute the following subsection: 
"(6) A person (other than the Corporation) shall not make a 'contract 
for the carriage of live-stock, by sea, to a country or place outside Australia 
unless: 
(a) the person is the holder of a live-stock export licence; 
(b) the person makes the contract as the agent of the holder of a live­
stock export licence; or 
Cc) the 'person makes the contract with the holder of a live-stock export 
licence and, under the contract, the person is to carry the live-stock, 
by sea, to the country or place outside Australia.". 
Dairy Produce Act 1986 
Subsections 82 (4), (5) and (6): 
Omit "on Public Accounts", substitute "of Public Accounts". IP/N/l! AUS/P/2 
Page 132 
Primary Industries and Energy Legis/ation Amendment 
No. Ill, 1988 
SCHEDULE-continued 
Export Control Act 1982 
Section 3 (definition of "authorized officer"): 
Omit the definition, substitute the following definition: 
"'authorized officer' means a person appointed under section 20 to· be 
an authorized officer;". 
Paragraph 10 (3) (g): 
Omit "and examine", substitute ", examine, photograph or make other 
visual recordings of', 
After paragraph 2S (2) (d): 
Insert the following paragraph: 
"(daa) the imposition of penalties for the non-payment or late payment 
of fees, and the remission of penalties so imposed;", 
Subsection 25 (3): 
Add at the end "for an offence". 
Fishing Industry Research and Det'e/opment Act 1987 
Section 7: 
Add at the end "and, in particular, may enter into an arrangement with 
the Minister for the provision of administrative and clerical services to the 
Council by the Commonwealth.", . 
Paragraph 3S (1) (b): 
Omit "and" (last occurring), 
After paragraph 3S (1) (b): 
Insert the following paragraph: 
"(ba) in payment of any fee payable to the Commonwealth under an 
arrangement for the provision of administrative and clerical 
services to the Council by the Commonwealth; and", 
Meat Inspection Act 1983 
After paragraph 20 (2) (b): 
Insert the following paragraph: 
"(ba) the imposition of penalties for the non-payment or late payment 
of fees, and the remission of penalties so imposed;", 
Paragraph 2S (3) (g): 
Omit "or examine", substitute ", examine, photograph or make other 
visual recordings of', IP/N/lIAUSIP12 
Page 133 
Primary Industries and Energy Legislation Amendment 
No. 111, 1988 
SCHEDULE-continued 
Subsection 37 (2): 
Add at the end "for an offence". 
Minerals (Submerged Lands) Act 1981 
Subsection 3 (1) (definitions of "Northern Territory Minister" and "State 
Minister"): 
Omit "under the law of', substitute "by". 
Pig Industry Act 1986 
Paragraph 30 (8) (b): 
Omit "makes,", substitute "makes, or". 
Paragraph 46 (S) (a): 
Omit "remuneration of', substitute "remuneration for". 
Plant Variety Rights Act 1987 
Subsection 3 (1) (paragraph (d) of definition of "new plant variety"): 
Omit "public", substitute "common". 
Paragraph 3 (7) (a): 
Omit "public", substitute "common". 
Section 46: 
Repeal the section, substitute the following section: 
Remuneration and allowances 
"46. (1) The members referred to in paragraphs 45 (1) (b), (c), (d) 
and (e) shall be paid: 
(a) such remuneration as is determined by the Remuneration Tribunal; 
and 
(b) such allowances as are prescribed. 
"(2) Subsection (1) has effect subject to the Remuneration Tribunals 
Act 1973.". 
Rural Industries Research Act 1985 
Paragraph 61 (8) (a): 
Omit "established by section 50 of the Wool Industry Act 1972", 
substitute "continued in existence by section 90 of the Wool Marketing Act 
1987". IPINll! AUS/P/2 
Page 134 
Primary Industries and Energy Legislation Amendment 
No. 111, 1988 
SCHEDULE-continued 
Wool Marketing Act 1987 
Subsection 3 (1) (definitions of "export auction" and "wool stores 
strategic plan"): 
Omit the definitions. 
Subsection 3 (1): 
Insert the following definitions: 
"'sale for export', in relation to wool, means sale (at auction or otherwise) 
as a result of which the wool may be exported;, 
'wool stores strategic plan' means a wool stores strategic plan developed 
by the Wool Stores Board under section 117;". 
Paragrapb 12 (3) (g): 
Omit "opportunity employment", substitute "employment opportunity". 
Subsection 19 (2): 
Omit "variation to", substitute "variation of'. 
Paragraph 49 (3) (a): 
Omit ", manufacturing and selling wool", substitute "and selling wool, 
and manufacturing wool products,". 
After section 51: 
Insert the following sections: 
Copy of registers under Administration Act to be given to Corporation 
"51 A. (1) The Commissioner of Taxation shall, as soon as practicable 
after the commencement of this section, give to the Corporation a copy of 
the registers kept, at that commencement, under sections 13, 14, 15 and 16 
of the Administration Act. 
"(2) The Commissioner of Taxation shall, as soon as practicable after 
an alteration is made to one of those registers, give to the Corporation a 
copy of the alteration. 
Information relating to wool tax to be given to Corporation 
"SIB. The Commissioner of Taxation shall, as soon as practicable after 
each financial year, give to the Corporation, from returns lodged with the 
Commissioner under the Administration Act, such information as the 
Corporation requires in relation to: 
(a) wool that was participating wool in that year; and 
(b) tax payable under section 5 of a Wool Tax Act.". IPlNllI AUSIP/2 
Page 135 
Primary Industries and 4nergy Legislation Amendment 
No. Ill, 1988 
SCHEDULE-continued 
Subsection 71 (2): 
Omit "sections 67 and", substitute "67 or". 
Paragraph 74 (1) (a): 
Omit "at any export auction", substitute "for export". 
Paragraph 74 (1) (c): 
Omit "any export auction", substitute "sale for export". 
Paragraph 74 (1) (e): 
Omit "at any export auction", substitute "for export". 
Paragraph 74 (2) (a): 
Omit "an export auction", substitute "sale for export". 
Paragraph 74 (2) (d): 
Omit "at an export auction", substitute "for export". 
Subsection 119 (4): 
Omit the subsection. 
After section 126: 
Insert the following section: 
Conduct of directors, servants and agents 
"126A. (1) Where it is necessary to establish, for the purposes of this 
Act or the regulations, the state of mind of a body corporate in relation to 
particular conduct, it is sufficient to show: 
(a) that the conduct was engaged in by a director, servant or agent of 
the body corporate within the scope of his or her actual or apparent 
authority; and 
(b) that the director, servant or agent had the state of mind. 
"(2) Any conduct engaged in on behalf of a body corporate by: 
(a) a director, servant or agent of the body corporate within the scope 
of his or her actual or apparent authority; or 
(b) any 'other person at the direction or with the consent or agreement 
(whether express or implied) of a director, servant or agent of the 
body corporate, where the giving of the direction, consent or 
agreement is within the scope of the actual or apparent authority 
of the director, servant or agent; 
shall be deemed, for the purposes of this Act and the regulations, to have 
been engaged in also by the body corporate. 
"(3) Where it is necessary to establish, for the purposes of this Act or 
the regulations, the state of mind of a person other than a body corporate 
in relation to particular conduct, it is sufficient to show: IP/N/lI AUSIP12 
Page 136 
Primary Industries and Energy Legislation Amendment 
No. 111. 1988 
SCHEDULE-continued 
(a) that the conduct was engaged in by a servant or agent of the person 
within the scope of his or her actual or apparent authority; and 
(b) that the servant or agent had the state of mind. 
"(4) Any conduct engaged in on behalf of a person other than a body 
corporate by: 
(a) a servant or agent of the person within the scope of his or her 
actual or apparent authority; or 
(b) any other person at the direction or with the consent or agreement 
(whether express or implied) of a servant or agent of the first­
mentioned person, where the giving of the direction, consent or 
agreement is within the scope of the actual or apparent authority 
of the servant or agent; 
shall be deemed, for the purposes of this Act and the regulations, to have 
been engaged in also by the first-mentioned person. 
"(5) A reference in subsection (1) or (3) to the state of mind of a 
person includes a reference to: 
(a) the. knowledge, intention, opinion, belief or purpose of the person; 
and . 
(b) the person's reasons for the intention, opinion, belief or purpose.". 
Paragraphs 127 (2) (c) and (d): 
After "registration" insert "and inspection". 
Paragraph 137 (d): 
Omit "repealed Act", substitute "Wool Industry Act 1972". 
[Minister's second reading speech made in-
House of Representatives on 13 April /988 
Senate on 29 August /988] 
Printed by Authority by the Commonwealth Government Printer (62/88) ~USTRA~I.AJJj}­~«~ IP/NIl/AUS/P/2 
Page 137 
Primary Industries and Energy Legislation 
Amendment Act (No. 2) 1989 
No. 15 of 1990 
An Act to amend and repeal legislation relating to Primary 
Industries and Energy 
[Assented to 17 January 19901 
BE IT ENACTED by the Queen, and the Senate and the House of 
Representatives of the Commonwealth of Australia, as follows: 
Short title 
1. This Act may be cited as the Primary Industries and Energy 
5 Legislation Amendment Act (No. 2) 1989. 
Commencement 
2. (1) Subject to this section, [his Act commences on the day on which 
it receives the Royal Assent. 
(2) Subject to subsection (3), the amendments of: 
10 (a) the Petroleum (Submerged Lands) Act 1967; 
(b) the Petroleum (Submerged Lands) (Exploration Permit Fees) Act 
1967; 
10655/90 Cat. No. 9040293 rP/N/l! AUS/P/2 
Page 138 
Primary Industries and Energy Legislation 
Amendment (Ni!. 2) No. 15, 1990 
(c) the Petroleum (Submerged Lands) (Pipeline Licence Fees) Act 
1967; 
(d) the Petroleum (Submerged Lands) (Production Licence Fees) Act 
1967; 
(e) the Petroleum (Submerged Lands) (Registration Fees) Act 1967; 5 
(f) the Petroleum (Submerged Lands) (Retention Lease Fees) Act 
1985; and 
(g) the Tobacco Marketing Act 1965; 
made by this Act commence on a day or days to be fixed by Proclamation. 
(3) If an amendment of an Act referred to in subsection (2) does not 10 
commence under that section within the period of 6 months beginning on 
the day on which this Act receives the Royal Assent, it commences on the 
first day after the end of that period. 
Amendment of Acts 
3. The Acts specified in Schedule 1 are amended as set out in that 15 
Schedule. 
Repeal 
4. The Acts specified in Schedule 2 are repealed. IPIN/1/ AUS/P/2 
Page 139 
Primary Industries and Energy Legis/ation 
Amendment (No. 2) No. 15. 1990 
SCHEDULE 1 
AMENDMENTS OF ACTS 
Dairy Produce Act 1986 
After subsection 62 (3): 
Insert the following subsection: Section 3 
"(3A) Notwithstanding any law of a State or Territory or any contract 
entered into before or after the commencement of this subsection, a person 
who purchases relevant dairy produce from its producer may, for the 
purpose of obtaining the funds necessary for the due payment by the person, 
on behalf of the producer, of a milk fat levy on the produce, deduct from 
any money payable by the person to the producer for that produce, an 
amount equal to, or that may reasonably be expected to be equal to, an 
unpaid milk fat levy on the produce.". 
Subsection 62 (4): 
Insert "or deducted by the other person under subsection (3A)" after 
"other person" (second occurring). 
After subsection 62 (5): 
Insert the following subsection: 
"(SA) Where a person deducts an amount under subsection (3A), the 
producer is, upon the levy becoming payable, discharged from liability to 
pay the levy to the extent of the amount so deducted, but the liability of 
that person under subsection (1) is not affected.". 
Subsection 62 (7): 
Add at the end "or (SA)". 
After subsection 63 (2): 
Insert the following subsection: 
"(2A) Where: 
(a) a person deducts an amount under subsection 62 (3A) in respect of 
a milk fat levy on relevant dairy produce; and 
(b) the person does not, at or before the time when that levy becomes 
due and payable, pay to the Commonwealth the whole or any part 
of the amount so deducted; 
there is payable by the person to the Commonwealth by way of penalty, in 
addition to the amount payable by the person under subsection 62 (1), an 
amount calculated at the rate of 20% per annum upon so much of the 
amount so deducted as is not paid to the Commonwealth, to be computed 
from the time when that levy becomes due and payable.". IP/N/1/ AUS/P/2 
Page 140 
Primary Industries and Energy Legis/ation 
Amendment (No. 2) No. 15, 1990 
SCHEDULE I-continued 
Live-stock Slaughter Levy Collection Act 1964 
Paragraph'IOe (a): 
Omit "and" (last occurring). 
After paragraph IOe (a): 
Insert the following paragraph: 
"(aa) in payment to the Commonwealth of amounts equal to the 
expenses incurred by the Commonwealth in relation to: 
(i) the collection or recovery of amounts of levy or charge 
referred to in paragraph 1 OB (1) (a) or (aa); or 
(ii) the administration of paragraph lOB (1) (a) or (aa); and" .. 
Plant Variety Rights Act 1987 
Paragraph 12 (1) (c): 
Omit "and". 
Subsection 12 (1): 
Add at the end the following word and paragraph: 
"; and (e) if the plants of that variety are plants of a prescribed genus 
or prescribed species: 
Section 12: (i) the exclusive right to produce asexually, including the 
right to license other persons to produce asexually, 
plants of that variety for the commercial production 
of the fruit, flowers, or any other product, of those 
plants; and 
(ii) the exclusive right to produce asexually, including the 
right to license other persons to produce asexually, 
reproductive material of plants of that variety for the 
commercial production of the fruit, flowers, or any 
other product, of those plants.". 
Add at the end the following subsection: 
"(3) Plant variety rights referred to in subparagraph (1) (e) (i) or (ii) 
are subject to the condition that the grantee of those rights in respect of a 
plant variety shall license a person: 
(a) to produce asexually plants of that variety; or 
(b) to produce asexually reproductive material of plants of that variety; 
(as the case may be) unless the person refuses or fails to comply with any 
condition to which the licence may reasonably be, and is, subject.", IPINIl! AUS/P/2 
Page 141 
Primary Industries and Energy Legislation 
Amendment (No. 2) No. 15, 1990 
SCHEDULE I-continued 
Subsection 18 (2): 
Omit "give public notice of the application", substitute ", as soon as 
possible after notifying the applicant, give public notice of the acceptance 
of the application". 
Section 28: 
Omit "within 7 days", substitute "as soon as possible". 
After subsection 38 (1): 
Insert the following subsection: 
"(lA) In paragraph (1) (a), 'commercial purpose', in relation to plants 
of a plant variety in respect of which plant variety rights referred to in 
subparagraph 12 (1) (e) (i) "or (ii) subsist, includes the commercial production 
of the fruit, flowers, or any other product, of those plants.". 
Subparagrapbs 38 (2) (a) (i) and (b) (i): 
Insert ", otherwise than by asexual means," after "produce". 
Subparagrapbs 38 (2) (a) (ii) and (b) (ii): 
Insert "otherwise than by asexual means" after "derived". 
Subparagrapbs 38 (3) (a) (i) and (b) (i): 
Insert ", otherwise than by asexual means," after "produce". 
Subparagrapbs 38 (3) (a) (ii) and (b) (ii): 
Insert "otherwise than by asexual means" after "derived". 
Section 40: 
After paragraph (d) insert the following paragraphs: 
"(da) a person who, not being licensed by the grantee to produce 
asexually plants of that variety for the commercial production of 
the fruit, flowers, or any other product, of those plants, so 
produces plants of that variety for the commercial production of 
such fruit, flowers or other product; 
(db) a person who, not being licensed by the grantee to produce 
asexually reproductive material of plants of that variety for the 
commercial production of the fruit, flowers, or any other product, 
of those plants, so produces reproductive material of plants of 
that variety for the commercial production of such fruit, flowers 
or other product;". IP/N/1/ AUS/P/2 
Page 142 
Primary Industries and Energy Legis/ation 
Amendment (No. 2) No. 15, 1990 
SCHEDULE I-continued 
Petroleum (Submerged Lands) Act 1967 
Paragraph' 21 (1) (f): 
Omit "a fee of $3,000", substitute "the prescribed fee". 
Subsection 21 (5): 
Omit the subsection. 
Subsection 22A (1): 
Omit "be", substitute "by". 
Paragraph 22A (5) (b): 
Omit "a fee of $3,000", substitute "the prescribed fee". 
Subsection 22A (7): 
Omit the subsection. 
Paragrapb 24 (1) (a): 
Omit "a fee of $3,000", substitute "the prescribed fee". 
Subsection 24 (2): 
Omit the subsection, substitute the following subsection: 
"(2) Where a permit is not granted on the application, the amount of 
the deposit shall, subject to subsection (3), be refunded to the applicant.". 
Paragrapb 30 (2) (c): 
Omit "a fee of $300", substitute "the prescribed fee". 
Subsection 32 (1): 
Omit all words and paragraphs preceding paragraph (c), substitute the 
following words and paragraphs: 
"(1) Where an application has been made under section 30 for the 
renewal of a permit, the Joint Authority: 
(a) shall, if the conditions to which the permit is, or has from time to 
time been, subject and the provisions of this Part and of the 
regulations have been complied with; or 
(b) may, if: 
(i) any of the conditions to which the permit is, or has from 
time to time been, subject or any of the provisions of this 
Part and of the regulations has not been complied with; and 
(ii) the Joint Authority is, nevertheless, satisfied that special 
circumstances exist that justify the granting of the renewal 
of the permit; IP/N/lI AUSIPI2 
Page 143 
Primary Industries and Energy Legislation 
Amendment (No. 2) No. 15, 1990 
SCHEDULE I-continued 
by instrument in writing served on the person who is then the permittee 
inform the person:". 
Paragraph 32 (1) (d): 
Omit "permittee", substitute "person". 
Subsection 32 (2): 
(a) Omit all words to and including "regulations", substitute "If any of 
the conditions to which the permit is, or has from time to time 
been, subject or any of the provisions of this Part and of the 
regulations has not been complied with". 
(b) Insert "person who is then the" before "permittee" (second 
occurring) . 
Paragraph 38A (2) (e): 
Omit "a fee of $600", substitute "the prescribed fee". 
After section 38B: 
Insert the following section: 
Application of sections 38A and 38B where permit is transferred 
u38BA. Where: 
(a) after an application has been made under subsection 38A (1) in 
relation to a block or blocks in respect of which a permit is in 
force; and 
(b) before a decision has been made by the Joint Authority under 
subsection 38B (1) or (2) in relation to the application; 
a transfer of the permit is registered under section 78, sections 38A and 38B 
have effect, after the time of the transfer, as if any reference in those 
sections to the applicant were a reference to the transferee.". 
Paragraph 38F (2) (d): 
Omit "a fee of $600", substitute "the prescribed fee". 
Subsection 38F (4): 
Omit "a lessee makes an application", substitute "an application has 
been made". 
Paragraphs 38G (1) (a) and (b): 
Omit the paragraphs, substitute the following paragraphs: 
"(a) an application for the renewal of a lease has been made under 
section 38F; 
(b) any further information required by the Designated Authority 
under subsection 38F o( 4) has been furnished in accordance with 
that subsection;". IP/NIl/ AUS/P/2 
Page 144 
Primary Industries and Energy Legislation 
Amendment (No. 2) No. 15, 1990 
SCHEDULE I-continued 
Paragraphs 38G (1) (d) and (e): 
Omit the paragraphs, substitute the following paragraphs: 
"(d) shall, if the conditions to which the lease is, or has from time to 
time been, subject and the provisions of this Part and of the 
regulations have been complied with; or 
(e) may, if: 
(i) any of the conditions to which the lease is, or has from 
time to time been, subject or any of the provisions of this 
Part and of the regulations has not been complied with; and 
(ii) the Joint Authority is, nevertheless, satisfied that special 
circumstances exist that justify the granting of the renewal 
of the lease;". 
Subsection 38G (1): 
Omit "inform the lessee, by instrument in writing served on the lessee, 
that it is prepared to grant to the lessee the renewal of the lease and that 
the lessee", substitute "by instrument in writing served on the person who 
is then the lessee, inform the person that it is prepared to grant to the 
person the renewal of the lease and that the person". 
Subsection 38G (2): 
Omit the subsection, substitute the following subsection: 
"(2) Subject to subsection (3), where an application for the renewal of 
a lease has been made under section 38F and: 
(a) any further information required by the Designated Authority under 
subsection 38F (4) has not been furnished in accordance with that 
subsection; 
(b) the Joint Authority is not satisfied as to the matters referred to in 
paragraph (1) (c); or 
(c) any of the conditions to which the permit is, or has from time to 
time been, subject or any of the provisions of this Part and of the 
regulations has not been complied with and the Joint Authority is 
not satisfied that special circumstances exist that justify the granting 
of the renewal of the lease; 
the Joint Authority shall, by instrument in writing served on the person who 
is then the lessee, refuse to grant the renewal of the lease.". 
Paragraph 40 (2) (b): 
Insert "being the holder of a licence referred to in paJ;'agraph (a)," 
before "may". 
Paragrapb 40 (3) (b): 
Omit "to whom a licence has been granted", substitute "who is the 
holder of a licence". IPINIll AUS/P/2 
Page 145 
Primary Industries and Energy Legislation 
Amendment (No. 2) No. 15, 1990 
SCHEDULE I-continued 
Subsection 40B (4): 
Omit "a lessee makes an application", substitute "an application has 
been made". 
Paragraph 41 (I) (e): 
Omit "a fee of $600", substitute "the prescribed fee". 
After section 44: 
Insert the following section: 
Application of sections 39A and 41 to 44 where permit etc. transferred 
"44A. Where: 
(a) after an application has been made: 
(i) under section 39A or 40 for the grant of a licence in respect 
of a block in respect of which a permit is in force; or 
(ii) under section 40A or 40B for the grant of a licence in respect 
of a block in respect of which a lease is in force; and 
(b) before a decision has been made by the Joint Authority under 
subsection 43 (1) in relation to the application; 
a transfer of the permit or lease (as the case may be) is registered under 
section 78, then, after the time of the transfer: 
(c) in the case of an application under section 39A-that section has 
effect in relation to the application as if any reference in subsection 
(3) to the applicant were a reference to the transferee; and 
(d) in all cases-sections 41 to 44 (inclusive) have effect in relation to 
the application as if any reference in those sections to the applicant 
were a reference to the transferee.". 
Subsection 47 (2): 
Omit "Designated", substitute "Joint". 
Paragraph 48 (I) (a): 
Omit "a fee of $3,000", substitute "the prescribed fee". 
Subsection 48 (2): 
Omit the subsection, substitute the following subsection: 
"(2) Where a licence is not granted on the application, the amount of 
the deposit shall, subject to subsection (3), be refunded to the applicant.". 
Paragraph 51 (2) (e): 
Omit "a fee of $300", substitute "the prescribed fee". 
Paragraph 54 (2) (d): 
Omit "a fee of $600", substitute "the prescribed fee". IPINIl! AUSIP12 
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Primary Industries and Energy Legislation 
Amendment (No. 2) No. 15, 1990 
SCHEDULE I-continued 
Subsections SS (1) and (2): 
Omit the subsections, substitute the following subsections: 
"( 1) Where: 
(a) an application for the renewal of a licence has been made under 
section 54; and 
(b) the conditions to which the licence is, or has from time to time 
been, subject and the provisions of this Part and of the regulations 
have been complied with; 
the Joint Authority: 
(c) shall, if the application is In respect of the first renewal of the 
licence; or 
(d) may, if the application is in respect of a renewal other than the 
first renewal of the licence; . 
by instrument in writing served on the person who is then the licensee, 
inform the person that it is prepared to grant to the person the renewal of 
the licence. 
"(2) Where: 
(a) an application for the renewal of a licence has been made under 
section 54; and 
(b) any of the conditions to which the licence is, or has from time to 
time been, subject or any of the provisions of this Part and of the 
regulations has not been complied with, but the Joint Authority is, 
nevertheless, satisfied that special circumstances exist that justify the 
granting of the renewal of the licence; 
the Joint Authority may, by instrument in writing served on the person who 
is then the licensee, inform the person that it is prepared to grant to the 
person the renewal of the licence.". 
Subsection 55 (3): 
(a) Omit all words to and including "regulations", substitute "If any of 
the conditions to which the licence is, or has from time to time 
been, subject or any of the provisions of this Part and of the 
regulations has not been complied with". 
(b) Insert "person ~ho is then the" before "licensee" (second occurring). 
Subsection 55 (5): 
(a) Omit "a licensee makes an application", substitute "an application 
has been made". 
(b) Insert "person who is then the" before "licensee" (second occurring). 
Section 57: 
Repeal the section. IP/N/V AUSIP/2 
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Primary Industries and Energy Legislation 
Amendment (No. 2) No. 15, 1990 
SCHEDULE I-continued 
Paragraph 64 (1) (f): 
Omit "a fee of $3,000", substitute "the prescribed fee". 
Subsection 6S (1): 
Omit all words from and including "the Joint Authority" to and including 
"inform", substitute "the Joint Authority may, if that person is not the 
licensee and the application has not been rejected under subsection 64 (3), 
inform". 
Subsections 6S (2) and (3): 
Omit the subsections, substitute the following subsections: 
"(2) Where an application for a pipeline licence in respect of the 
construction in an adjacent area of a pipeline for the conveyance of petroleum 
recovered in a licence area is made in accordance with section 64 by the 
licensee, the Joint Authority: 
(a) shall, if the conditions to which the licence is, or has from time to 
time been, subject and the provisions of this Part and of the 
regulations have been complied with; or 
(b) may, if: 
(i) any of the conditions to which the licence is, or has from 
time to time been, subject or any of the provisions of this 
Part and of the regulations has not been complied with; and 
(H) the Joint Authority is, nevertheless, satisfied that special 
circumstances exist that justify the granting of a pipeline 
licence; 
by instrument in writing served on the person who is then the licensee, 
inform the person that it is prepared to grant to the person a pipeline 
licence. 
"(3) Where an application for a pipeline licence in respect of the 
construction in an adjacent area of a pipeline for the conveyance of petroleum 
recovered in a licence area is made in accordance with section 64 by the 
licensee, the Joint Authority shall, if: 
(a) any of the conditions to which the licence is, or has from time to 
time been, subject or any of the provisions of this Part and of the 
regulations has not been complied with; and 
(b) the Joint Authority is not satisfied that special circumstances exist 
that justify the granting of a pipeline licence; 
by instrument in writing served on the person who is then the licensee, 
refuse to grant a pipeline licence.". 
Subsection 6S (12): 
Omit the subsection. IPINll! AUS/P/2 
Page 148 
Primary Industries and Energy Legislation 
Amendment (No. 2) No. 15, 1990 
SCHEDULE I-continued 
Paragraph 68 (2) (c): 
Omit "a fee of $600", substitute "the prescribed fee". 
Subsection 69 (I): 
Omit all words and paragraphs preceding paragraph (c), substitute the 
following words and paragraphs: 
"( 1) Where an application has been made under section 68 for the 
renewal of a pipeline licence, the Joint Authority: 
(a) shall, if the conditions to which the pipeline licence is, or has from 
time to time been, subject and the provisions of this Part and of the 
regulations have been complied with; or 
(b) may, if: 
(i) any of the conditions to which the pipeline licence is, or has 
from time to time been, subject or any of the provisions of 
this Part and of the regulations has not been complied with; 
and 
(ii) the Joint Authority is, nevertheless, satisfied that special 
circumstances exist that justify the granting of the renewal 
of the pipeline licence; 
by instrument in writing served on the person who is then the pipeline 
licensee, inform the person:". 
Subsection 69 (2): 
Omit the subsection, substitute the following subsection: 
"(2) Where an application has been made under section 68 for the 
renewal of a pipeline licence, the Joint Authority shall, if: 
(a) any of the conditions to which the pipeline licence is, or has from 
time to time been, subject or any of the provisions of this Part and 
of the regulations has not been complied with; and 
(b) the Joint Authority is not satisfied that special circumstances exist 
that justify the granting of the renewal of the pipeline licence; 
by instrument in writing served on the person who is then the pipeline 
licensee, refuse to grant the renewal of the pipeline licence.". 
Paragrapb 71 (2) (e): 
Omit "a fee of $300", substitute "the prescribed fee". 
Section 79: 
Omit "a fee of $30" (twice occurring), substitute "the prescribed fee". 
Subsection 86 (1): 
Omit "of $6", substitute "calculated in accordance with the regulations". IPINIl! AUSIPI2 
Page 149 
Primary Industries and Energy Legislation 
Amendment (No. 2) No. 15, 1990 
SCHEDULE I-continued 
Subsection 87 (2): 
Omit "at the rate of $1.50 per page", substitute "in accordance with the 
regulations" . 
Subsection 87 (3): 
Omit "of $15", substitute "calculated in accordance with the regulations". 
Paragraph 111 (2) (b): 
Omit "and". 
After paragraph 111 (2) (c): 
Insert the following word and paragraph: 
"and (d) shall be accompani~d by the prescribed fee.". 
After subsection 112 (lA): 
Insert the following subsections: 
"(IB) The holder of a special prospecting authority may make an 
application to the Designated Authority for the grant of an access authority 
to enable the applicant to carry on petroleum exploration operations in an 
area, being part of the adjacent area not included in any block that is the 
subject of the special prospecting authority. 
"(le) The holder of a permit, lease, licence or special prospecting 
authority in respect of a block or blocks within an adjacent area may make 
an application to the Designated Authority for that adjacent area for the 
grant of an access authority to enable the applicant to carry on, in a block 
or blocks in an adjacent area adjoining the first-mentioned adjacent area: 
(a) petroleum exploration operations; or 
(b) where the applicant is the holder of a permit, lease or licence, 
operations related to the recovery of petroleum in or from any block 
that is the subject of the permit, lease or licence.". 
Paragraph 112 (3) (a): 
After "licensee" insert ", holder of a special prospecting authority". 
Subsection 112 (4): 
(a) Omit "this section", substitute "a provision of this section other 
than subsection (le)". 
(b) Omit "or licence" (wherever occurring), substitute "licence or special 
prospecting authority". 
(c) Insert "such" after "vary" (first occurring). 
After subsection 112 (4): 
Insert the following subsections: 
"( 4A) The Designated Authority shall not grant or vary an access 
authority on an application under subsection (le) without the approval of IPINIl! AUSIP12 
Page 150 
Primary Industries and Energy Legislation 
Amendment (No. 2) No. 15, 1990 
SCHEDULE I-continued 
the Designated Authority for the adjacent area within which the block or 
blocks to be specified in the access authority are situated. 
"(4B) Where: 
(a) an application under subsection (le) for the grant of an access 
authority is in respect of the block that is the subject of a permit, 
lease, licence or special prospecting authority of which the registered 
holder is a person other than the applicant; or 
(b) a proposal to vary an access authority granted on an application 
under that subsection is in respect of a block that is the subject of 
a permit, lease, licence or special prospecting authority of which the 
registered holder is a person other than the registered holder of the 
access authority; 
the Designated Authority for the adjacent area within which the block is 
situated shall not approve the grant or the variation unless: 
( c) the Designated Authority has, by instrument in writing served on 
that person, given not less than one month's notice of the intention 
to grant, or vary, as the case may be, the access authority; 
( d) a copy of the instrument has been served: 
(i) on such other persons, if any, as the Designated Authority 
thinks fit; and 
(ii) where it is proposed to vary an access authority-on the 
registered holder of the access authority; 
(e) the instrument gives: 
(i) particulars of the access authority that it is proposed to grant 
or vary, as the case may be; and 
(H) notice that a person on whom the instrument, or a copy of 
the instrument, has been served may, by instrument in writing 
served on the Designated Authority on or before the date 
specified in the instrument, submit any matters that the 
person wishes the Designated Authority to consider; and 
(f) the Designated Authority has taken into account any matters 
submitted in accordance with the notice referred to in subparagraph 
(e) (ii).". 
Paragraph 114 (I) (a): 
Omit the paragraph, substitute the following paragraph: 
"(a) shall be in such amount as is prescribed;". 
Subsections 118 (IB), (2)~ (3), (5) and (SA): 
Omit "of $15 per day" (wherever occurring), substitute "calculated in 
accordance with the regulations". 
Petroleum (Submerged Lands) (Exploration Permit Fees) Act 1967 
Subsection 4 (1): 
Omit all words from and including "permit" (first occurring), substitute 
"permit, a fee calculated in accordance with the regulations". IPINIl! AUSIP/2 
Page 151 
Primary Industries and Energy Legislation 
Amendment (No. 2) No. 15, 1990 
SCHEDULE I-continued 
After section 6: 
Add the following section: 
Regulations 
"7. The Governor-General may make regulations for the purposes of 
section 4.". 
Petroleum (Submerged Lands) (Pipeline Licence Fees) Act 1967 
Subsection 4 (1): 
Omit all words from and including "fee", substitute "fee calculated in 
accordance with the regulations". 
After section 6: 
Add the following section: 
Regulations 
"7. The Governor-General may make regulations for the purposes of 
section 4.". 
Petroleum (Submerged Lands) (Production Licence Fees) Act 1967 
Subsection 4 (1): 
Omit all words from and including "calculated", substitute "calculated 
in accordance with the regulations". 
After section 7: 
Add the following section: 
Regulations 
"8. The Governor-General may make regulations for the purposes of 
section 4.". 
Petroleum (Submerged Lands) (Registration Fees) Act 1967 
Subsection 4 (2): 
,Omit "$300" (wherever occurring), substitute "the prescribed amount". 
Subsection 4 (3): 
Omit "$300" (wherever occurring), substitute "the prescribed amount". 
Subsection 4 (4): 
Omit "$3,000" (wherever occurring), substitute "the prescribed amount". 
Subsection 4 (6): 
Omit "$300" (wherever occurring), substitute "the prescribed amount". IPINIl! AUS/P/2 
Page 152 
Primary Industries and Energy Legislation 
Amendment (No. 2) No. 15, 1990 
SCHEDULE I-continued 
Subsection 4 (6A): 
Omit "$3,000" (wherever occurring), substitute "the prescribed amount". 
After section 4: 
Add the following section: 
Regulations 
"5. The Governor-General may make regulations for the purposes of 
section 4.". 
Petroleum (Submerged Lands) (Retention Lease Fees) Act 1985 
Subsection 4 (1): 
Omit all words from and including "fee", substitute "fee calculated in 
accordance with the regulations". 
After section 6: 
Add the following section: 
Regulations 
"7. The Governor-General may make regulations for the purposes of 
section 4.". 
Tobacco Marketing Act 1965 
Section 4 (definitions of "member", "the Chairman" and "the Deputy 
Chairman"): 
Omit "Board", substitute "Committee". 
Section 4 (definition of "the Board"): 
Omit the definition. 
Section 4: 
Insert th£Jollowing definition: 
"'the Committee' means the Australian Tobacco Marketing Advisory 
Committee established by subsection 5 (1);". 
Heading to Part 11: 
Omit the heading, substitute the following heading: 
"PART II-AUSTRALIAN TOBACCO MARKETING ADVISORY 
COMMITTEE". 
Subsection 5 (I): 
Omit "Board", substitute "Marketing Advisory Committee". IPINIl! AUS/P/2 
Page 153 
Primary Industries and Energy Legis/ation 
Amendment (No. 2) No. 15, 1990 
SCHEDULE I-continued 
Subsections 5 (2) and (3) and 6 (1) and (10): 
Omit "Board" (wherever occurring), substitute "Committee". 
Sections 7, 8, 9, 10, 11, 13 and 14: 
Omit "Board" (wherever occurring), substitute "Committee". 
Heading to Part Ill: 
Omit "BOARD", substitute "COMMITTEE". 
Section 15: 
Omit "the Board" (wherever occurring), substitute "the Committee". 
Section 16: 
Omit "Board" (wherever occurring), substitute "Committee". 
Subsection 17 (1): 
Omit "Board" (wherever occurring), substitute "Committee". 
Subsection 17 (2): 
Omit "Public Service Board" and "the Board", substitute "Minister" and 
"the Committee" respectively. 
Sections 18, 19, 20, 21, 22, 23, 24, 25, 26 and 28: 
Omit "Board" (wherever occurring), substitute "Committee". IP/N/l/ AUS/P/2 
Page 154 
Primary Industries and Energy Legislation 
Amendment (No. 2) No. 15, 1990 
SCHEDULE 2 
ACTS REPEALED 
Derby Jetty Agreement Act 1962 
Oil Companies (Stock Loss Reimbursement) Act 1986 
Pipeline Construction (Dalton to Canberra) Act 1980 
Pipeline Construction (Young to Wagga Wagga) Act 1980 
. I South Australia Grant (Fruit Canneries) Act 1971 Section 4 
States and Northern Territory Grants (Bluetongue Virus Control) Act 1978 
States Grants (Fruit Canneries) Act 1976 
States Grants (Fruit-growing Reconstruction) Act 1972 
States Grants (Fruit-growing Reconstruction) Act 1973 
States Grants (Fruit-growing Reconstruction) Act 1974 
States Grants (Fruit-growing Reconstruction) Act 1976 
Victoria Grant (Shepparton Preserving Company Limited) Act 1971 
Wheat Industry Stabilization Fund (Disposal) Act 1962 
NOTE 
On the commencement of the amendments of the Tobacco Marketing Act 1965 made 
by this Act, the headings to sections 5, 6, 10, 19, 21, 22 and 26 of that Act are altered 
by omitting "Board" and substituting "Committee", 
[Minister'S second reading speech made in-
House of Representatives on 12 April 1989 
Senate on 19 December 1989] 
Printed by Authority by the Commonwealth Government Printer (245188) IPINIl! AUSIP12 
Page 155 
Primary Industries and Energy Legislation 
Amendment Act 1990 
Section 
1. 
2. Short title 
Commencement No. 134 of 1990 
TABLE OF PROVISIONS 
PART I-PRELIMINARY 
PART 2-AMENDMENT OF THE EXOTIC ANIMAL DISEASE CONTROL 
ACT 1989 
3. Principal Act 
4. Substitution of the Schedule 
5. 
6. 
7. 
8,' PART 3-AMENDMENTS OF THE EXPORT CONTROL ACT 1982 
Principal Act 
False trade descriptions 
Repeal of section and substitution of new section: 
23. Certificates with respect to goods 
Insertion of new sections: 
24A. Electronic transmission of information and documents 
24B. Evidence of transmission of information or document 
PART 4-AMENDMENTS OF THE HORTICULTURAL RESEARCH AND 
DEVELOPMENT CORPORATION ACT 1987 
9. Principal Act 
10. Interpretation 
20361/91 Cat. No. 91 31140 IP/N/lI AUSIP/2 
Page 156 
Section 
11. 
12. 
13. 
14. 
15. 
16. 
17. 
18. 
19. 
20. 
21. TABLE OF PROVISIONS continued 
Repeal of section and substitution of new sections: 
57. Presiding Member 
57A. ~1inister may request the establishment of a Selection Committee 
Insertion of new section: 
59A. Abolition 
Nominations 
Selection of persons by Selection Committee 
Minister may request further information 
Minister may reject nomination 
Establishment of Selection Committees 
Repeal of section and substitution of new section: 
74. Termination of appointment 
Employees 
Consultants 
Repeal of section .and substitution of new section: 
79. Annual reports 
PART 5-AMENDMENTS OF THE MURRAY-DARLING BASIN ACT 
1983 
22. Principal Act 
23. Approval of amending agreement 
24. Interpretation 
25. Schedule 3 
PART 6-AMENDMENTS OF THE PLANT VARIETY RIGHTS ACT 1987 
26. Principal Act 
27. Interpretation 
28. Plant variety rights not to be granted in relation to certain varieties 
29. Insertion of new section: 
17 A. Priority of certain breeders 
30. Lodging of applications 
31. Provisional protection 
32. Characteristics of plant varieties originated outside Australia 
33. Offences 
PART 7-AMENDMENTS OF THE PRIMARY INDUSTRIES AND 
ENERGY RESEARCH AND DEVELOPMENT ACT 1989 
34. Principal Act 
35. Definitions 
36. Levies attached to R&D Corporations or R&D Funds 
37. Government matching payments not to exceed levy and certain other payments 
PART 8-AMENDMENT OF THE SNOWY MOUNTAINS 
HYDRO-ELECTRIC POWER ACT 1949 
38. Principal Act 
39. Repeal of section and substitution of new section: 
31. Contracts 
PART 9-AMENDMENT OF THE WHEAT INDUSTRY FUND LEVY 
COLLECTION ACT 1989 
40. Principal Act 
41. Payment of levy T" BLE OF PROVISIONS continued 
Section IPIN/lIAUSIP/2 
Page 157 
PART lO-AMENDMENTS OF THE WHEAT MARKETING ACT 1989 
42. Principal Act 
43. Repeal of section and substitution of new section: 
83. Management of the Fund 
44. Interpretation 
45. Determination of apportionment of wheat industry fund levy 
46. Repeal 
47. Regulations 
PART Il-MINOR AMENDMENTS OF ACTS 
48. Amendments of Acts 
SCHEDULE 1 
NEW SCHEDULE TO THE EXOTIC ANIMAL DISEASE 
CONTROL ACT 1989 
SCHEDULE 2 
MINOR AMENDMENTS OF ACTS 
SCHEDULE 3 
NEW SCHEDULE 3 TO THE MURRAY-DARLING BASIN ACT 1983 IPINIl! AUS/P/2 
Page 158 
Primary Industries and Energy Legislation 
Amendment Act 1990 
No. 134 of 1990 
An Act to amend various Acts relating to matters dealt 
with by the Department of Primary Industries and Energy, 
and for related purposes 
[Assented to 28 December 1990] 
BE IT ENACTED by the Queen, and the Senate and the House of 
Representatives of the Commonwealth of Australia, as follows: 
PART I-PRELIMINARY 
Short title 
5 1. This Act may be cited as the Primary Industries and Energy 
Legislation Amendment Act 1990. 
Commencement 
2. (1) Except for Part 7, this Act commences on the day on which 
it receives the Royal Assent. 
10 (2) Part 7 is to be taken to have commenced on 1 October 1990. IP/N/l! AUS/P/2 
Page 159 
Primary Industries and Energy Legislation Amendment 
No. 134, 1990 
PART 2-AMENDMENT OF THE EXOTIC ANIMAL DISEASE 
CONTROL ACT 1989 
Principal Act 
3. In this Part, "Principal Act" means the Exotic Animal Disease 
Control Act 19891• 5 
Substitution of the Schedule 
4. The Schedule to the Principal Act is repealed and the Schedule 
set out in Schedule 1 to this Act is substituted. 
PART 3-AMENDMENTS OF THE EXPORT CONTROL 
ACT 1982 10 
Principal Act 
5. In this Part, "Principal Act" means the Export Control Act 19822• 
False trade descriptions 
6. Section 15 of the Principal Act is amended by inserting in 
paragraph (2) (c) ", or stated in," after "applied to". 15 
7. Section 23 of the Principal Act is repealed and the following 
section is substituted: 
Certificates with respect to goods 
"23. The regulations may provide for the issue by the Secretary of 
certificates as to matters in relation to which a country requires 20 
certification before goods from Australia may be imported into that 
country.". 
8. After section 24 of the Principal Act the following sections are 
inserted: 
Electronic transmission of information and documents 25 
"24A. (1) The regulations may prescribe specifications (in this 
section called 'the specifications') for the transmission of information 
and docum,ents: 
(a) to the Secretary; and 
(b) from the Secretary to a person who has given notice of intention 30 
to export goods; 
by means of a process that includes the use of data processing devices. 
"(2) The specifications may include codes to be used in the 
transmission of information or documents and may specify what the 
components of such codes are to signify when so used. 35 IP/N/l! AUS/P/2 
Page 160 
Primary Industries and Energy Legislation Amendment 
No. 134, 1990 
"(3) A person may give information or a document to the Secretary 
by transmitting the information or document to the Secretary in 
accordance with the specifications. 
"(4) The Secretary may give information or a document to a person 
5 by transmitting the information or document to the person in accordance 
with the specifications. 
. "(5) A document is transmitted in accordance with the specifications 
if the information required to be included in the document is 
transmitted in the form and manner required by the specifications. 
10 "(6) Information or a document transmitted to a person (including 
the Secretary) in accordance with the specifications is to be taken to 
have been given to the person for the purposes of any provision of this 
Act or the regulations that requires the information or document to be 
given to the person. 
15 "(7) In this section: 
'information' includes a declaration as to the existence of a fact or belief 
or as to compliance by a person with a requirement of this Act or the 
regulations. 
Evidence of transmission of information or document 
20 "24B. (1) In this section: 
'print-out' means a copy of information or a document produced by a 
data processing device to which the information or document was 
transmitted by means of another data processing device or other data 
processing devices. 
25 "(2) In any proceedings in a court for an offence against this Act, a 
print-out is prima Jacie evidence: 
(a) that information or a document in the terms set out in the 
print-out was transmitted to the Secretary on the day, and at 
the time, specified in the print-out; and 
30 (b) that the information or document was transmitted by the person 
specified in the print-out as the person who transmitted the 
information or document. 
"(3) A paper certified, in writing, by an officer of the Department 
to have been produced by a specified data processing device in an office 
35 of the Secretary is to be taken to be a print-out for the purposes of this 
section unless the contrary is proved.". 
PART 4-AMENDMENTS OF THE HORTICULTURAL 
RESEARCH AND DEVELOPMENT CORPORATION ACT 1987 
Principal Act 
40 9. In this Part, "Principal Act" means the Horticultural Research 
and Development Corporation Act 19873• IPINIl! AUSIPI2 
Page 161 
Primary Industries and Energy Legislation Amendment 
No. 134, 1990 
Interpretation 
10. Section 3 of the Principal Act is amended: 
(a) by omitting paragraph (b) of the definition of "member" in 
subsection (1) and substituting the following paragraph: 
"(b) in relation to a Selection Committee-the Presiding 5 
Member;"; 
(b) by omitting paragraph (b) of the definition of "nominated 
member" in subsection (1) and substituting the following 
paragraph: 
"(b) in relation to a Selection Committee-a member of the 10 
Selection Committee appointed on the nomination of an 
eligible industry body or bodies, or a member appointed 
under subsection 67 (3A);"; 
(c) by omitting from subsection (1) the definitions of "Chairperson" 
and "Selection Committee" and substituting the following 15 
definitions: 
" 'Chairperson' means the Chairperson of the Corporation; 
'Selection Committee' means a Selection Committee established 
under section 67;"; 
(d) by omitting from subsection (1) the definition of "Research 20 
Councils Selection Committee"; 
(e) by inserting in subsection (1) the following definition: 
" 'Presiding Member' means a person appointed as the Presiding 
Member of Selection Committees under section 57;". 
11. Section 57 of the Principal Act is repealed and the following 25 
sections are substituted: 
Presiding Member 
"57. (1) the Minister must appoint a person as the Presiding 
Member of Selection Committees for the Corporation. 
__ ~'(2) The Presiding Member is to be appointed on a part-time basis. 30 
"(3) The Presiding Member holds office for the period, not longer 
than 3 years, specified in the instrument of appointment, but is eligible 
for re-appointment. 
Minister may request the establishment of a Selection Committee 
"57A. (1) For the purpose of: 35 
(a) appointing the nominated members of the Corporation; or 
(b) filling a vacancy caused by the resignation, or the termination 
of the appointment, of such a member; 
the Minister must give written notice to the Presiding Member: IPINIl! AUS/P/2 
Page 162 
Primary Industries and Energy Legislation Amendment 
No. 134, 1990 
(c) asking the Presiding Member to establish a Selection Committee; 
and 
(d) specifying the period within which the Selection Committee 
must nominate a person or persons (as the case requires) for 
5 appointment. 
"(2) If the Minister believes on reasonable grounds that a vacancy 
of the kind mentioned in paragraph (1) (b) is about to occur, the 
Minister may give a notice before the vacancy occurs.". 
12. After section 59 of the Principal Act the following section IS 
10 inserted in Division 1 of Part Ill: 
Abolition 
"59A. (1) Where: 
(a) the Minister has appointed to the Corporation a person 
nominated by a Selection Committee; and 
15 (b) the Selection Committee has not made any other nomination 
that has yet to be accepted or rejected by the Minister; and 
(c) there are no outstanding matters in a request by the Minister 
under section 57 A or 64 that are yet to be dealt with by the 
Selection Committee; 
20 the Presiding Member must abolish the Selection Committee.". 
Nominations 
13. Section 61 of the Principal Act is amended: 
(a) by omitting subsection (1) and substituting the following 
subsections: 
25 "(1) Where the Minister makes a request under section 57A, 
the Selection Committee established in accordance with the 
request must, within the period specified in the request, 
nominate in writing to the Minister a person or persons, as the 
case reqUlres. 
30 "(1A) For the purpose of enabling it to make a nomination, 
the Selection Committee: 
(a) must invite nomination of persons for appointment by 
advertising in a newspaper that circulates throughout 
Australia; and 
35 (b) must invite nomination of persons for appointment from 
the eligible industry bodies; and 
(c) may invite nomination of persons for appointment in 
any other way it considers appropriate. 
"(1B) The Selection Committee need not comply with 
40 paragraph (1 A) (a) if: IP/N/lIAUS/P/2 
Page 163 
Primary Industries and Energy Legislation Amendment 
No. 134, 1990 
(a) it is less than 12 months since the last appointment of a 
nominated member of the Corporation; and 
(b) the member's nomination was made following an 
advertisement under that paragraph; and 
(c) the Selection Committee considers that compliance with 5 
the paragraph is unlikely to result in a significantly 
improved field of candidates for nomination to the 
Minister."; 
(b) by adding at the end of subsection (2) after paragraph (2) (b): 
";and specifying how, in the Selection Committee's opinion, 10 
the nomination or nominations will best ensure that the 
members of the Corporation collectively possess an appropriate 
balance of expertise in accordance with section 62"; 
(c) by omitting from subsection (3) "The" and substituting "Subject 
to section 64, a"; 15 
(d) by omitting from subsection (4) "The Selection Committee" 
and "the Selection Committee" and substituting "A Selection 
Committee" and "a Selection Committee", respectively. 
Selection of persons by Selection Committee 
14. Section 62 of the Principal Act is amended: 20 
(a) by omitting from subsection (1) "The Selection Committee" 
and substituting "A Selection Committee"; 
(b) by inserting after paragraph (l) (e) the following paragraphs: 
"(ea) technology transfer; 
(eb) conservation and management of natural resources; 25 
(ec) environmental and ecological matters;"; 
(c) by omitting from subsection (2) "The Selection Committee" 
and substituting "A Selection Committee"; 
(d) by omitting from subsection (3) "the Selection Committee" and 
substituting "a Selection Committee". 30 
Minister may request further information 
15. Section 63 of the Principal Act is amended: 
(a) by omitting "the Selection Committee" (first occurring) and 
substituting "a Selection Committee"; 
(b) by omitting "Chairperson of the Selection Committee" and 35 
substituting "Presiding Member". 
Minister may reject nomination 
16. Section 64 of the Principal Act is amended: 
(a) by omitting "by the Selection Committee" and substituting "by 
a Selection Committee"; 40 IPINll! AUS/P/2 
Page 164 
Primary Industries and Energy Legislation Amendment 
No. 134, 1990 
(b) by omitting "Chairperson of the Selection Committee" and 
substituting "Presiding Member"; 
(c) by inserting ", within a specified period," after "request the 
nomination'" , 
5 (d) by adding at the end the following subsection: 
"(2) For the purposes of this Part, other than section 67: 
(a) a notice under subsection (1) is taken to be a notice 
under section 57 A; and 
(b) the period specified in a notice under subsection (1) is 
10 taken to be a period specified in a notice under section 
57A.". 
Establishment of Selection Committees 
17. Section 6 7 of the Principal Act is amended: 
(a) by omitting subsections (1) and (2) and substituting the following 
15 subsections: 
"( 1) Where the Presiding Member receives a request under 
section 5 7 A, the Presiding Member must establish a Selection 
Committee to nominate a person or persons for appointment 
to the Corporation. 
20 "(1A) The Selection Committee so established comprises the 
following members: 
(a) the Presiding Member; 
(b) 4, 5 or 6 nominated members appointed by the Minister. 
"(1 B) For the purpose of establishing a Selection Committee, 
25 the Presiding Member must, as soon as practicable after 
receiving a request under section 57 A, by written notice to each 
eligible industry body, ask the body to nominate to the Minister 
persons for appointment to the Selection Committee. 
"( 1 C) Where there are, in a particular case, 2 or more eligible 
30 industry bodies, the Presiding Member's notice must ask each 
of those bodies to act jointly with all of the other bodies in 
making the nomination. 
"(2) Subject to this section, the Minister must appoint the 
persons nominated by the eligible industry body or bodies."; 
35 (b) by omitting from subsection (3) "of the Selection Committee"; 
(c) by inserting after subsection (3) the following subsection: 
40 "(3A) Where the Minister is satisfied that nominations for 
membership of a Selection Committee will not be made as 
provided under this section within a reasonable time, the 
Minister may appoint persons to be members of the Selection 
Committee as if they had been so nominated."; IP/N/l! AUS/P/2 
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Primary Industries and Energy Legislation Amendment 
No. 134, 1990 
(d) by omitting from subsection (4) "the Selection Committee" and 
substituting Ha Selection Committee"; 
(e) by omitting subsection (5); 
(t) by omitting from subsection (6) "as a member of the" and 
substituting "as a nominated member of a"; 5 
(g) by adding at the end the following subsection: 
"(7) The performance of the function, and the exercise of 
the powers, of a Selection Committee are not affected merely 
because of a vacancy in its membership." 
18. Section "74 of the Principal Act is repealed and the following 10 
section is substituted: 
Termination of appointment 
"74. (1) The Minister may terminate the appointment of the 
Presiding Member or a nominated member of a Selection Committee: 
(a) for misbehaviour or physical or mental incapacity; or 15 
(b) if the Presiding Member or nominated member: 
(i) becomes bankrupt; or 
(ii) applies to take the benefit of a law for the relief of 
bankrupt or insolvent debtors; or 
(iii) compounds with his or her creditors; or 20 
(iv) makes an assignment of his or her remuneration for the 
benefit of such creditors; or 
(c) if the Presiding Member or nominated member, without 
reasonable excuse, contravenes section 73. 
"(2) The Minister may terminate the appointment of the Presiding 25 
Member if the Presiding Member is absent, except with the Minister'S 
leave, from 3 consecutive meetings of a Selection Committee. 
"(3) The Minister may terminate the appointment of a nominated 
member of a Selection Committee if the member is absent, except with 
the Presiding Member's leave, from 3 consecutive meetings of the 30 
Selection Committee.". 
Employees 
19. Section 77 of the Principal Act is amended: 
(a) by omitting subsections (1) and (2) and substituting the following 
subsection: 35 
"(l) The Presiding Member may, on behalf of a Selection 
Committee, employ persons to perform administrative and 
clerical services in connection with the performance of the 
Selection Committee's function and the exercise of its powers."; 
(b) by omitting subsection (4). 40 IP/N/l! AUS/P/2 
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Primary Industries and Energy Legislation Amendment 
No. 134, 1990 
Consultants 
20. Section 78 of the Principal Act is amended by omitting 
subsection (1) and substituting the following subsection: 
"(1) The Presiding Member may, on behalf of a Selection 
5 Committee, engage persons having suitable qualifications and experience 
as consultants to the Selection Committee to assist it in performing its 
function." . 
21. Section 79 of the Principal Act is repealed and the following 
section is substituted: 
1 0 Annual reports 
"79. (1) The Presiding Member must, as soon as practicable after 
30 June in each year, prepare and give to the Minister a report on the 
operations, during the immediately preceding financial year, of Selection 
Committees (if any) established by the Presiding Member or any other 
15 Presiding Member. 
"(2) Where the first appomtment of a Presiding Member does not 
begin on 1 July, subsection (1) has effect in relation to the period 
beginning on the day the appointment begins and ending on the next 
30 June as if: 
20 (a) if the period is less than 3 months-the period were included 
in the next financial year; or 
(b) in any other case-the period were a financial year. 
"(3) A report for a financial year may, subject to agreement between 
the Presiding Member and the Chairperson of the Corporation, be 
25 included, as a discrete part, in the annual report of the Corporation for 
that financial year. 
"( 4) If subsection (3) does not apply to a report under this section, 
the Minister must cause a copy of the report to be laid before each 
House of the Parliament within 15 sitting days of that House after the 
30 Minister receives the report.". 
PART 5-AMENDMENTS OF THE MURRAY-DARLING BASIN 
. ACT 1983 
Principal Act 
22. In this Part, "Principal Act" means the Murray-Darling Basin 
35 Act 19834• 
Approval of amending agreement 
23. The agreement, a copy of which IS set out m Schedule 3, IS 
approved. IPINIl! AUSIPI2 
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Primary Industries and Energy Legislation Amendment 
No. 134, 1990 
Interpretation 
24. Section 3 of the Principal Act is amended by omitting 
"agreement, a copy of which is set out in Schedule 2" from the 
definition of "Agreement" and substituting "agreements, copies of which 
are set out in Schedules 2 and 3". 5 
Schedule 3 
25. The Principal Act is amended by adding at the end the Schedule 
set out in Schedule 3 to this Act. 
PART 6-AMENDMENTS OF THE PLANT VARIETY RIGHTS 
ACT 1987 10 
Principal Act 
26. In this Part; "Principal Act" means the Plant Variety Rights Act 
19875• 
Interpretation 
27. Section 3 of the Principal Act is amended by inserting after 15 
subsection (3) the following subsection: 
"(3A) For the purposes of this Act, a person who selects a plant 
variety from a plant population that the person has grown, being a 
plant variety that is distinguishable by one or more important 
morphological, physiological or other characteristics from all other 20 
plant varieties whose existence at the time is a matter of common 
knowledge, is taken to have originated that variety.". 
Plant variety rights not to be granted in relation to certain varieties 
28. Section 13 of the Principal Act is amended: 
(a) by omitting subsection (1) and substituting the following 25 
subsection: 
"( 1) Plant variety rights must not be granted in respect of a 
plant variety if the plants of that variety are plants of a genus 
or species declared by the regulations to be a genus or species 
to which this Act does not apply."; 30 
(b) by omitting from subsection (2) "applies" (wherever occurring) 
and substituting "does not apply". 
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 35 IP/N/1I AUS/P/2 
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Primary Industries and Energy Legislation Amendment 
No. 134, 1990 
(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; 
5 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 
10 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 
15 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, 
20 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 
25 plant variety rights in respect of that variety.". 
Lodging of applications 
30. Section 18 of the Principal Act is amended by omitting 
sub paragraph (1) (a) (ii) and substituting the following subparagraphs: 
"(ii) the name of the variety complies with section 1 7; and 
30 (iii) no other person has priority for the purposes of this Act in 
respect of that variety;". 
Provisional protection 
31. Section 22 of the Principal Act is amended by omitting paragraph 
(2) (b). 
35 Characteristics of plant varieties originated outside Australia 
32. Section 23 of the Principal Act is amended: 
(a) by adding at the end of paragraph (a) "or"; 
(b) by inserting after paragraph (a) the following paragraph: 
"(aa) a test growing of the variety carried out at a place 
40 outside Australia has demonstrated that the variety has 
that characteristic and Australia is required, under an Offences IPINIl! AUSIP12 
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Primary Industries and Energy Legislation Amendment 
No. 134, 1990 
agreement between Australia and the country in which 
the test growing was carried out, to accept that the 
variety has that characteristic; or". 
33. Section 52 of the Principal Act is amended by omitting from 5 
paragraph (2) (b) "section 21" and substituting "subsection 22 (1)". 
PART 7-AMENDMENTS OF THE PRIMARY INDUSTRIES 
AND ENERGY RESEARCH AND DEVELOPMENT ACT 1989 
Principal Act 
34. In this Part, "Principal Act" means the Primary Industries and 10 
Energy Research and Development Act 19896• 
Definitions 
35. Section 4 of the Principal Act is amended by omitting from 
subsection (1) the definition of "research component" and substituting 
the following definition: 15 
" 'research component' means: 
(a) in relation to the levy imposed by the Wheat Industry Fund 
Levy Act 1989-the proportion of the levy referred to in 
subsection 5 (5); and . 
(b) in relation to any other levy-so much of the levy as the 20 
regulations declare to be the research component of the levy 
under paragraph 5 (3) (a);". 
Levies attached to R&D Corporations or R&D Funds 
36. (1) Section 5 of the Principal Act is amended: 
(a) by omitting from subsection (3) "Where a levy" and substituting 25 
"SUbject to subsection (4), where a levy"; 
(b) by adding at the end the following subsections: 
"(4) Paragraph (3) (a) does not apply to the levy imposed by 
the' Wheat Industry Fund Levy Act 1989. 
"(5) If the levy imposed by the Wheat Industry Fund Levy 30 
Act 1989 is declared by. the regulations to be attached to an 
R&D Corporation or an R&D Fund, the research component 
of the levy, in relation to each season, is the proportion of the 
levy that represents the percentage of the value of leviable 
wheat on which levy is imposed during that season determined 35 
by the Grains Council under subsection 85 (3) of the Wheat 
Marketing Act 1989. IP/N/1/ AUS/P/2 
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Primary Industries and Energy Legislation Amendment 
No. 134, 1990 
"(6) In subsection (5), the expressions 'Grains Council', 
'leviable wheat' and 'season' have the same meaning as in Part 
7 of the Wheat Marketing Act 1989.". 
(2) Regulations made before the commencement of this Part for the 
5 purposes of paragraph 5 (3) (a) of the Principal Act continue· to have 
effect, in relation to a levy other than the levy imposed by the Wheat 
Industry Fund Levy Act 1989, as if they had been made under the 
Principal Act, as amended by this Act. 
Government matching payments not to exceed levy and certain other 
10 payments 
37. Section 31 of the Principal Act is amended by inserting In 
paragraph (1) (c) "research components of' after "in relation to". 
PART 8-AMENDMENT OF THE SNOWY MOUNTAINS 
HYDRO-ELECTRIC POWER ACT 1949 
15 Principal Act 
38. In this Part, "Principal Act" means the Snowy Mountains 
Hydro-electric Power Act 19497• 
39. Section 31 of the Principal Act is repealed and the following 
section is substituted: 
20 Contracts 
"31. (1) The Authority must not enter into any contract involving 
the payment or receipt of an amount exceeding $500,000. 
"(2) Subsection (1) does not apply if: 
(a) the Minister has approved of the Authority entering into the 
25 contract; or 
30 
35 (b) the contract relates to the investment of money not immediately 
required for the purposes of the Authority: 
(i) in securities of, or guaranteed by, the Commonwealth; or 
(ii) on deposit with an approved bank; or 
(iii) in any other manner approved by the Treasurer. 
"(3) For the purposes of subsection (2): 
'approved bank', in relation to the Authority, means a bank as defined 
in subsection 5 (1) of the Banking Act 1959 or another bank declared 
by the Treasurer or a person authorised by the Treasurer to give 
approvals under this subsection to be an approved bank in relation to 
the Authority.". IPINIlIAUSIP12 
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Primary Industries and Energy Legislation Amendment 
No. 134. 1990 
PART 9-AMENDMENT OF THE WHEAT INDUSTRY FUND 
LEVY COLLECTION ACT 1989 
Principal Act 
40. In this Part, "Principal Act" means the Wheat Industry Fund 
Levy Collection Act 19898• 5 
Payment of levy 
41. Section 5 of the Principal Act is amended by omitting subsection 
(1) and substituting the following subsections: 
"(1) Subject to subsections (2) and (3) and to the regulations, levy 
imposed on wheat because the wheat has been delivered by the grower 10 
to another person is due for payment at the end of 28 days, or such 
longer period as is prescribed, immediately following the end of the 
quarter in which the wheat was delivered. 
"(1A) Subject to subsections (2) and (3) and to the regulations, levy 
imposed on wheat because the wheat has been processed by or for the 15 
grower is due for payment at the end of 28 days, or such longer period 
as is prescribed, immediately following the end of the quarter in which 
the processed wheat was delivered by the grower or was used by the 
grower for a commercial purpose.". 
PART lO-AMENDMENTS OF THE WHEAT MARKETING ACT 20 
1989 
Principal Act 
42. In this Part, "Principal Act" means the Wheat Marketing Act 
19899. 
43. (1) Section 83 of the Principal Act is repealed and the following 25 
section is substituted: 
Management of the Fund 
"83. Subject to any provisions of the regulations referred to in 
subsection 94 (3), the Board must manage the Fund in each financial 
year according to the business plan for that year approved by the 30 
Grains CounciL". 
(2) The annual business plan for the Wheat Industry Fund for the 
financial year that commenced on 1 July 1990 approved by the Grains 
Council for the purposes of regulation 6 of the Wheat Industry Fund 
Regulations made on 7 February 1990 has effect in relation to that 35 
financial year as if it were the business plan for that financial year 
approved for the purposes of section 83 of the Principal Act, as 
amended by this Act. IP/N/lIAUS/P/2 
Page 172 
Primary Industries and Energy Legislation Amendment 
No. 134, 1990 
Interpretation 
44. Section 84 of the Principal Act is amended by omitting the 
definition of "Research Fund". 
Determination of apportionment of wheat industry fund levy 
5 45. Section 85 of the Principal Act is amended by omitting from 
subsection (3) "paid into the Research Fund" and substituting "the 
research component of the levy in relation to that season". 
Repeal 
46. Section 87 of the Principal Act is repealed. 
10 Regulations 
47. (1) Section 94 of the Principal Act is amended by adding at the 
end the following subsections: 
"(3) Without limiting subsection (1), the regulations may make 
provision regarding: 
15 (a) the preparation and approval of business plans for the purposes 
of section 83; and 
(b) the conditions subject to which money of the Wheat Industry 
Fund may be used by the Board; and 
(c) the replacement in the Fund of money used by the Board; and 
20 (d) the giving by the Treasurer of guarantees in relation to 
borrowings made by the Board for the purposes of activities 
involving the use of money of the Fund; and 
(e) the making of payments to wheat growers out of, or in relation 
to, money of the Fund; and 
25 (0 the issue to wheatgrowers of certificates of equity in the Fund; 
and 
(g) the rights of the holder of a certificate of equity, including 
rights relating to the transfer of the certificate; and 
(h) the manner in which accounting records relating to the Fund 
30 are to be kept by the Board. 
"(4) Regulations . relating to a matter referred to in subsection (3) 
may not be made except after consideration by the Minister of a report 
by the Grains Council made after consultation with the Board.". 
(2) Regulations made before the commencement of this Part for the 
35 purposes of subsection 83 (2) of the Principal Act have effect, after that IPINIl! AUSIP12 
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Primary Industries and Energy Legislation Amendment 
No. 134, 1990 
commencement, as if they had been made for the purposes of subsection 
94 (3) of the Principal Act, as amended by this Act. 
PART Il-MINOR AMENDMENTS OF ACTS 
Amendments of Acts 
48. The Acts specified in Schedule 2 are amended as set out in that 5 
Schedule. IP/N/lIAUSIP12 
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Primary Industries and Energy Legislation Amendment 
No. 134, 1990 
SCHEDULE 1 Section 4 
NEW SCHEDULE TO THE EXOTIC ANIMAL DISEASE CONTROL 
ACT 1989 
Column 1 
Item No. 
1. 
2. 
3. 
4. 
5. SCHEDULE Sections 3 and 22 
ACTS .IMPOSING CERTAIN LEVIES 
Column 2 
Act 
Dairy Produce Levy (No. 1) Act 1986 
Laying Chicken Levy Act 1988 
Live-stock Slaughter Levy Act 1964 
Meat Chicken Levy Act 1969 
Pig Slaughter Levy Act 1971 Column 3 
Provision of Act 
Subsection 5( 1) 
Paragraph 7(b) 
Paragraphs 6( 1)( c), 
6A (1) (c), 6B (1) (c), 
6c (1) (c), 60 (1) (c), 
6E (1) (c) and 6F (1) (c) 
Paragraph 7(1)(b) 
Paragragh 6(1)( c) IPINIl! AUSIP/2 
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Primary Industries and Energy Legislation Amendment 
No. 134, 1990 
SCHEDULE 2 
MINOR AMENDMENTS OF ACTS Section 48 
Horticultural Research and Development Corporation Act 1987 
Paragraph 47 (1) (a): 
Omit the paragraph, substitute the following paragraph: 
"(a) in payment or discharge of the expenses and liabilities 
incurred by or on behalf of the Corporation or a Selection 
Committee;". 
Subsection 47 (2): 
Omit the subsection, substitute the following subsection: 
"(2) The Corporation is liable to pay the expenses, and discharge 
the liabilities, incurred by a Selection Committee in connection with 
the performance of its function, and the exercise of its powers, under 
this Act.". 
Heading to Part Ill: 
Omit the heading, substitute the following heading: 
"PART Ill-SELECTION COMMIITEES". 
Heading to Division 1 of Part Ill: 
Omit the heading, substitute the following heading: 
"Division I-Presiding Member and Selection Committees". 
Section 58: 
Omit "the Selection Committee", substitute "a Selection 
Committee" . 
Section 59: 
..... _Omit "The", substitute "A". 
Section 60: 
Repeal the section. 
Heading to Division 3 of Part Ill: 
Omit the heading, substitute the following heading: 
"Division 3-Establishment and meetings of Selection Committees". 
Section 65: 
Repeal the section. IPINIl! AUSIP/2 
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Primary Industries and Energy Legislation Amendment 
No. 134, 1990 
SCHEDULE 2-continued 
Section 66: 
Repeal the section. 
Section 68: 
Repeal the section. 
Section 69: 
Omit "the Selection Committee", substitute "a Selection 
Committee". 
Subsection 70 (I): 
Omit the subsection, substitute the following subsection: 
"( 1) A member of a Selection Committee is to be paid such 
remuneration as is determined by the Remuneration Tribunal, but if 
no determination of that remuneration by the Tribunal is in operation, 
is to be paid such remuneration as is prescribed.". 
Subsection 70 (2): 
Omit "the", substitute "a". 
Paragraph 70 (3) (a): 
Omit "the Selection Committee", substitute "a Selection 
Committee" . 
Subsection 70 (4): 
Omit "the Selection Committee" , substitute "a Selection 
Committee" . 
Subsection 70 (7): 
Omit "the Selection Committee" , substitute "a Selection 
Committee" . 
Subsection 71 (1): 
Omit "Chairperson of the Selection Committee", substitute 
"Presiding Member". 
Subsection 71 (2): 
(a) Omit "Chairperson" (wherever occurring), substitute "Presiding 
Member". 
(b) Omit "the Selection Committee", substitute "a Selection 
Committee" . IPIN/lI AUSIP/2 
Page 177 
Primary Industries and Energy Legislation Amendment 
No. 134, 1990 
SCHEDULE 2-continued 
Section 72: 
Omit "the Selection Committee", substitute "a Selection 
Committee". 
Paragraph 73 (1) (a): 
Omit ~'the Selection Committee" (first occurring), substitute "a 
Selection Committee". 
Section 75: 
Omit "the Selection Committee", substitute "a Selection 
Committee" . 
Subsection 76 (1): 
Omit "the Selection Committee" (first occurring), substitute "a 
Selection Committee". 
Subsections 76 (2) and (3): 
Omit the subsections, substitute the following subsections: 
"(2) The Presiding Member may at any time convene a meeting of 
a Selection Committee. 
"(3) The Presiding Member must preside at all meetings of a 
Selection Committee at which he or she is present.". 
Subsection 76 (4): 
Omit "Chairperson of the Selection Committees is not present at a 
meeting of the", substitute "Presiding Member is not present at a 
meeting of a". 
Subsection 76 (5): 
(a) Omit "the Selection Committee", substitute "a Selection 
Committee". 
(b) Omit paragraph (a), substitute the following paragraph: 
"(a) a majority of the members constitutes a quorum;". 
Subsection· 76 (6): 
Omit "The", substitute "A". 
Subsection 76 (7): 
Omit "The", substitute "A". 
Nuclear Non-Proliferation (Safeguards) Act 1987 
Section 15: 
After "nuclear material or" (first occurring) insert "an". IPlNllI AUSIP12 
Page 178 
Primary Industries and Energy Legislation Amendment 
No. 134, 1990 
SCHEDULE 2-continued 
Section 49: 
Omit "in" (last occurring), substitute "any". 
Rural Industries Research Act 1985 
Paragraph 41(b): 
Omit "Research Councils", substitute "Councils". 
Paragraph 41(c): 
Omit "Research Councils", substitute "Councils". 
Rural Industries Research Amendment Act 1988 
Section 42: 
Omit "41(b) and (c)". IPINIl! AUS/P/2 
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Primary Industries and Energy Legislation Amendment 
No. 134, 1990 
SCHEDULE 3 Section 25 
NEW SCHEDULE 3 TO THE MURRAY-DARLING BASIN ACT 
1983 
SCHEDULE 3 Section 3 
AN AGREEMENT made this 4th day of October One thousand nine 
hundred and ninety 
BETWEEN 
THE COMMONWEALTH OF AUSTRALIA ("the Commonwealth") 
of the first part, 
THE STATE OF NEW SOUTH WALES of the second part, 
THE STATE OF VICTORIA of the third part, and 
THE STATE OF SOUTH AUSTRALIA of the fourth part. 
WHEREAS the Commonwealth, New South Wales, Victorian and South 
Australian Governments wish to amend the Agreement made between 
the parties on 1 October 1982, as amended by the Murray-Darling 
Basin Agreement made on 30 October 1987 (which Agreement as so 
amended is herein called "the principal agreement"), in order to enable 
the Ministerial Council established thereunder to make decisions 
otherwise than at duly convened meetings. 
NOW IT IS HEREBY AGREED by and between the parties to this 
Agreement as follows: 
l. Unless the contrary intention appears, expressions used in this 
Agreement have the same meanings as in the principal 
agreement. 
2. (I) This Agreement, other than this clause, is subject to approval 
by the Parliaments of the Commonwealth and of the States of 
New South Wales, Victoria and South Australia and comes into 
effect when so approved. 
(2) The Commonwealth, New South Wales, Victorian and South 
Australian Governments will submit this Agreement for approval 
to their respective Parliaments as soon as practicable after the 
Agreement is made. 
(3) A further approval of the Parliaments is not r~quired if another 
State becomes a party to the Agreement in accordance with 
Clause 117 A of the principal agreement. 
3. The following clause shall be inserted before clause 7F of the 
principal agreement-IP/N/V AUS/P/2 
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Primary Industries and Energy Legislation Amendment 
No. 134, 1990 . 
SCHEDULE 3-continued 
"7EA. (1) A decision of the Ministerial Council may be made 
other than at a meeting of the Ministerial Council if 
made in accordance with this clause. 
(2) If-
(a) the text of a proposed resolution is sent or given in 
writing by facsimile or other transmission by an 
officer of the Commission authorised by the 
Ministerial Council to a Minister nominated under 
. clause 7G or if that Minister is unavailable a 
Minister for the same Contracting Government 
authorised for the purpose by the Minister so 
nominated; and 
(b) such Minister approves the proposed resolution and 
notifies that officer in writing sent or given by 
facsimile or other transmission, 
the proposed resolution is approved, by the Minister. 
(3) When a Minister from each Contracting 
Government has approved a resolution in 
accordance with sub-clause (2) the resolution shall 
be deemed to have become a decision of the 
Ministerial Council at the date and time the last of 
those Ministers has approved the resolution. 
(4) Any decision of the Ministerial Council made in 
accordance with this clause, must be recorded by 
an officer of the Commission authorised by the 
Ministerial Council and a copy of the decision sent 
to each member of the Ministerial Council within 
21 days after the decision is made. 
(5) The record made pursuant to sub-clause (4) shall be 
confirmed at the next meeting of the Ministerial 
Council. " . 
IN WITNESS WHEREOF this Agreement has been respectively signed 
for and on beh,alf of the parties hereto on the day and year first above­
written. 
SIGNED by the Honourable ROBERT JAMES LEE HAWKE, 
Prime Minister of the, Commonwealth of Australia, 
in the presence of-ROBERT DA YID HANNA 
SIGNED by the Honourable NICHOLAS FRANK GREINER, 
Premier of the State of New South Wales, 
in the presence of-RICHARD GEORGE HUMPHRY IP/N/lIAUSIPI2 
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Primary Industries and Energy Legislation Amendment 
No. 134, 1990 
SCHEDULE 3-continued 
SIGNED by the Honourable JOAN ELIZABETH KIRNER, 
Premier of the State of Victoria, 
in the presence of-DAVID ROBERT ESSINGTON LEWIS 
SIGNED by the Honourable DONALD JACK HOPGOOD, 
Acting Premier of the State of South Australia, 
in the presence of-ANN LAMBERT 
NOTES 
1. No. 130, 1989. 
2. No. 47, 1982, as amended. For previous amendments, see No. 72, 1984; No. 
65,1985; No. 141,1987; and Nos. 99 and 111, 1988. . 
3. No. 166, 1987, as amended. For previous amendments, see Nos. 51 and 99, 
1988; and No. 46, 1989. 
4. No. 86, 1983, as amended. For previous amendments, see No. 154, 1987. 
5. No. 2, 1987, as amended. For previous amendments, see No. 111, 1988. 
6. No. 17, 1990. 
7. No. 25, 1949, as amended. For previous amendments, see No. 47, 1951; No. 35, 
1952; No. 69, 1955; No. 45, 1956; No. 31, 1958; No. 93, 1966; No. 216, 1973; 
No. 29, 1975; No. 36, 1978; No. 156, 1979; No. 65, 1985; No. 76, 1986; and 
No. 21, 1989. 
8. No. 35,1989, as amended. For previous amendments, see No. 17, 1990. 
9. No. 58, 1989, as amended. For previous amendments, see No. 16, 1990. 
[Minister's second reading speech made in-
House oJ Representatives on 18 October 1990 
Senate on 13 November 1990] 
Printed by Authority by the Commonwealth Government Printer (134/90) 