Statutory Rules 1988 No. 621
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Plant Variety Rights Regulations
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and in accordance with subsection 13 (2) of the Plant Variety Rights Act 1987, hereby make the following Regulations under that Act.
Dated 21 April 1988.
N. M. STEPHEN
Governor-General
By His Excellency’s Command,
JOHN KERIN
Minister of State for Primary Industries
and Energy
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Citation
1. These Regulations may be cited as the Plant Variety Rights Regulations.
Commencement of Part II of Schedule 1
2. Part II of Schedule 1 commences on 1 July 1988.
Interpretation
3. (1) In these Regulations, unless the contrary intention appears, “the Act” means the Plant Variety Rights Act 1987.
(2) In Schedule 2, a reference to a section or subsection, without an enactment being cited, is a reference to that section or subsection of the Act.
Declaration of genera and species of plants
4. For the purposes of subsection 13 (1) of the Act, each genus or species specified in column 2 in Schedule 1, in an item in that Schedule, being a genus or species of a plant, is declared to be a genus or species to which the Act applies.
Prescribed fees
5. The fee set out in item 7 of Schedule 2 is payable to the Commonwealth by a grantee in respect of the occasions described in that item and fees as set out in that Schedule are payable to the Commonwealth in respect of acts and services specified in that Schedule by the person requesting the act or service.
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SCHEDULE 1 Regulation 4
GENERA AND SPECIES
PART I
Column 1 | Column 2 | Column 3 |
Item | Genus or species | Common name of genus or species |
1 | Anigozanthus | Kangaroo paw |
2 | Brassica (oilseed species only) |
|
3 | Gossypium | Cotton |
4 | Macadamia |
|
5 | Mai us | Apple |
6 | Phalaris | |
7 | Phaseolus vulgaris | Bean |
8 | Rosa | Rose |
PART II
Column 1 | Column 2 | Column 3 |
Item | Genus or species | Common name of genus or species |
1 | Agrostis | Bent |
2 | Alstroemeria |
|
3 | Artanema |
|
4 | Avena | Oats |
5 | Carica | Paw paw |
6 | Chamelaucium | Geraldton wax |
7 | Citrus |
|
8 | Cynodon | Bermuda grass |
9 | Decaspermum |
|
10 | Dianthus | Carnation |
11 | Eucalyptus |
|
12 | Festuca | Tall fescue |
13 | Fragaria | Strawberry |
14 | Freesia |
|
15 | Gerbera |
|
16 | Glycine max | Soybean |
17 | Grevillea |
|
18 | Helianthus annuus | Sunflower |
19 | Lactuca sativa | Lettuce |
20 | Lechenaultia |
|
21 | Lilium | Lily |
22 | Lolium | Ryegrass |
SCHEDULE 1—continued
Column 1 | Column 2 | Column 3 |
Item | Genus or species | Common name of genus or species |
23 | Lycopersicon | Tomato |
24 | Medicago |
|
25 | Melaleuca |
|
26 | Metrosideros carminea |
|
27 | Orchidaceae (all genera and species) |
|
28 | Ornlthopus | Serradella |
29 | Panicum |
|
30 | Persea americana | Avocado |
31 | Pisum | Pea |
32 | Prunus | Almond |
33 | Rhododendron |
|
34 | Rubus |
|
35 | Schlumbergera (Zygocactus) |
|
36 | Setaria |
|
37 | Solanum tuberosum | Potato |
38 | Stenotaphrum |
|
39 | Stylosanthes | Stylos |
40 | Trifolium | Clover |
41 | Vitis | Grape |
42 | Zea mays | Corn |
43 | Zoysia |
|
SCHEDULE 2 Regulation 5
FEES
Column 1 | Column 2 Act, service or occasion in respect | Column 3 |
Item | of which a fee is payable | Fee |
1 |
Consideration under section 18 of an application | $ 300 |
2 | Consideration of a request under subsection 19 (1) to vary an application | 55 |
3 | Consideration of an objection lodged under subsection 20 (1) | 60 (plus $50 per hour after the first 2 hours) |
4 | Preparing and giving under section 21 a copy of an application or objection | 50 |
5 | Consideration under subsection 26 (1) of an application | 1000 |
6 | Preparing and issuing under subsection 26(5) a certificate of plant variety rights | 200 |
7 | Each anniversary of the grant of plant variety rights to the grantee | 200 |
8 | Consideration of information supplied under subsection 31 (1) | 100 |
9 | Consideration under subsection 35 (8) of an application under subsection 35 (7) | 600 |
10 | Consideration of a request under subsection 39 (4) | 100 |
11 | Collating and issuing, by the Secretary or Registrar, of publications in relation to plant varieties | 50 (per hour) |
12 | Undertaking, by the Secretary or Registrar, of any other work required or requested by a person to be done in relation to the Act | 50 (per hour) |
NOTE
1. Notified in the Commonwealth of Australia Gazette on 29 April 1988.