Federal Register of Legislation - Australian Government

Primary content

Plant Breeder's Rights Regulations

Authoritative Version
  • - F1996B02512
  • In force - Superseded Version
  • View Series
SR 1994 No. 352 Regulations as made
Principal Regulations
Administered by: Industry, Innovation and Science
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 50A
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR07-Nov-1994
Tabled Senate07-Nov-1994
Gazetted 18 Oct 1994

 

Statutory Rules 1994   No. 3521

__________________

Plant Breeder’s Rights  Regulations

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under section 4 of the Acts Interpretation Act 1901, make the following Regulations under the Plant Breeder’s Rights Act 1994.

Dated 11 October 1994.

 

                                                                                      P. BENNETT

                                                                                      Administrator

By His Excellency’s Command,

 

 

BOB COLLINS

Minister for Primary Industries and Energy

____________

Citation

               1.   These Regulations may be cited as the Plant Breeder’s Rights  Regulations.

Commencement

               2.   These Regulations commence on the date of commencement of the Plant Breeder’s  Rights Act 1994.

Interpretation

               3.   (1)    In these Regulations, unless the contrary intention appears:

 “ Act” means the Plant Breeder’s Rights Act 1994.

             (2)   In the Schedule, a reference to a section or subsection, is a reference to that section or subsection of the Act.

Prescribed fees

               4.   The fee payable under subsection 80 (2) of the Act for a matter set out in the Schedule is the fee specified in the Schedule for that matter.

____________

 

                                                   SCHEDULE                           Regulation 4

 

FEES

 

Column 1

Item no.

Column 2

Act, service or occasion in respect of which fee is payable

Column 3

Fee

1

On making a request under subsection 19 (4), whether or not the request includes a request under  subsection 19 (10)

$140

2

On making a request for a certificate under subsection 19 (11)

$100

3

Amendment of the register   on notification of assignment under  section 21

$140

 


SCHEDULE—continued

 

Column 1

Item no.

Column 2

Act, service or occasion in respect of which fee is payable

Column 3

Fee

4

On lodgment of an application under section 26

$400

5

On making a request for a variation of an application under subsection 31 (1) 

$70

6

On lodgment of a detailed description in support of an application under section 34

$1400

7

On lodgment of an objection under section 35

$200

8

On making a request for a copy of an application, an objection or a detailed description under subsection 36 (2)

$70

9

On lodgment of an application for a declaration of essential derivation under subsection 40 (1)

$800

10

Grant of PBR in a plant variety under section 44

$250

11

On lodgment of an application for : 

(a)      revocation of a PBR under subsection 50 (8); or

(b)   revocation of a declaration of essential derivation   under subsection 50 (9)

 

$800

 

$800

 


SCHEDULE—continued

 

Column 1

Item no.

Column 2

Act, service or occasion in respect of which fee is payable

Column 3

Fee

12

On making a request for a copy of an entry in the register under subsection 62 (2)

$70

13

On making an annual subscription to the Plant Varieties Journal issued under section 68

$30

14

On purchasing a single issue of the Plant Varieties Journal

$8

15

For annual maintenance of a PBR— on each anniversary of  the grant

$ 250

16

For the undertaking, on request of a person, by the Secretary or the Registrar of any work required or authorised under the Act and for which a fee is not prescribed under any other item

 

$70 per hour or part  of an hour

NOTE

1.   Notified in the Commonwealth of Australia Gazette on 18 October 1994.