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Plant Breeder's Rights Act 1994
In force
Administered by
Department of Industry, Science and Resources
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C2024C00537 (C23)
14 October 2024
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Part 1—Preliminary
1 Short title
2 Commencement
3 Definitions
4 Definition of essentially derived
5 Definition of breeding
6 Genetic modification
8 Approved persons
9 Act to bind Crown
9A Application of the Criminal Code
9B Extension to Norfolk Island
10 Extent of Act
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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 farm saved seed does not infringe PBR
18 Restrictions on exercise of PBR in certain circumstances
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
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Part 3—Application for plant breeder’s right
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Division 1—The making of the application
24 Right to apply for PBR
25 Right to apply for PBR is personal property
26 Form 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 Registrar
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 Essential derivation for PBR protected varieties—declaration
41 Essential derivation for PBR protected varieties—test growing
41A Essential derivation for non PBR protected second varieties—application for declaration
41B Essential derivation for non PBR protected varieties—publication of applications
41C Essential derivation for non PBR protected varieties—opportunity to be heard
41D Essential derivation for non PBR protected varieties—declaration
41E Essential derivation for non PBR protected varieties—test growing
41F Essential derivation for non PBR protected varieties—application lodged for PBR in second variety
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Part 4—The grant and revocation of Plant Breeder’s Right
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Division 1—Grant of Plant Breeder’s Right
43 Registrable plant varieties
44 Grant of PBR
45 Grant of PBR to be exclusive
46 Grant of PBR to be entered on Register
47 Notice of grant of PBR
48 Effect of grant of PBR
49 PBR may be subject to conditions
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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
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Part 5—Enforcement of Plant Breeder’s Right
53 Infringement of PBR
54 Actions for infringement
54A Counterclaims to actions for infringement
55 Declarations as to non infringement
56 Jurisdiction of the Federal Court
56A Jurisdiction of Federal Circuit and Family Court of Australia (Division 2)
57 Innocent infringement
57A Application for relief from unjustified threats
57B Court’s power to grant relief
57C Counterclaim for infringement
57D Notification of PBR in a plant variety not a threat
57E Liability of legal practitioner
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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
62A Registrar’s power to rectify Register
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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
72A Notifications by Registrar under this Act or regulations
72B Manner in which documents may be lodged with or given to Registrar
72C Approved means of lodging or giving documents
73 Service of documents
74 Infringement offences
75 Offences other than infringement offences
76 Conduct by directors, employees and agents
76A Doing act when PBR office reopens after end of period otherwise provided for doing act
76B Computerised decision making
77 Applications for review
78 Repeal
79 Compensation for acquisition of property
80 Regulations
80A Approved means of paying a fee
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Part 9—Transitional
81 Definitions
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
86 Register of Plant Varieties
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
