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Plant Breeder's Rights Regulations (Amendment)

Authoritative Version
  • - F1996B02513
  • No longer in force
SR 1994 No. 353 Regulations as made
These Regulations amend the Plant Breeder's Rights RegulationS.
Administered by: DITR
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR07-Nov-1994
Tabled Senate07-Nov-1994
Gazetted 18 Oct 1994
Date of repeal 09 Aug 2013
Repealed by Industry, Innovation, Climate Change, Science, Research and Tertiary Education (Spent and Redundant Instruments) Repeal Regulation 2013

Statutory Rules 1994   No. 3531

__________________

Plant Breeder’s Rights Regulations 2 (Amendment)

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

____________

1.   Commencement

1.1    These Regulations commence on 1 January 1995

2.   Amendment

2.1   The Plant Breeder's Rights Regulations  are amended as set out in these Regulations.

3.      Schedule

3.1    Omit the Schedule, substitute:

 

                                                  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)

$500

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

$100

4

On lodgment of an application under section 26

$300

5

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

$100


SCHEDULE—continued

 

Column 1

Item no.

Column 2

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

Column 3

Fee

6

On lodgment of a detailed description under section 34 for: 

(a)      a variety tested under section 37 to establish that the variety is distinct, uniform and stable

(b)     a variety to which subsection 38 (3), (4) or (5) applies

(c)    each of 2 or more varieties of the same plant species tested simultaneously at the same site in Australia under section 37 to establish that the varieties are distinct, uniform and stable, for which a complete application and detailed  description are lodged  on the same day by the same approved person or applicant or agent of the applicant under section 34

 

 

$1400

 

 

 

$1400

 

 

$1200

7

On lodgment of an objection under section 35

$100

8

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

$50

9

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

$800


SCHEDULE —continued

 

Column 1

Item no.

Column 2

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

Column 3

Fee

10

Grant of PBR in a plant variety under section 44

$300

11

On lodgment of an application for: 

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

 

$500

 

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

$500

12

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

$50

13

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

$40

14

On purchasing a single issue of the Plant Varieties Journal

$14

15

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

$300

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

$75 per hour or part of an hour

____________________________________________________________


NOTES

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

2.   Statutory Rules 1994 No. 352 .