Plant Breeder's Rights Amendment Act 2002 (Cth)

Plant Breeder's Rights Amendment Act 2002

No. 148, 2002

An Act to amend the Plant Breeder's Rights Act 1994, and for related purposes

Contents 1 Short title................................... 2 Commencement............................... 3 Schedule(s)..................................

Schedule 1—Plant Breeder's Rights Act 1994

Part 1—Amendments

Part 2—Application provisions

Plant Breeder's Rights Amendment Act 2002

No. 148, 2002

An Act to amend the Plant Breeder's Rights Act 1994, and for related purposes

[Assented to 19 December 2002]

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Plant Breeder's Rights Amendment Act 2002.

2 Commencement

This Act commences on the day after it receives the Royal Assent.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Plant Breeder's Rights Act 1994

Part 1—Amendments

1A Subsection 3(1) Insert:

indigenous means: (a) a member of the Aboriginal race of Australia; or (b) a descendant of the indigenous inhabitants of the Torres Strait Islands.

1 Subsection 3(1) (definition of synonym) Repeal the definition, substitute:

synonym, in relation to the name of a plant variety, means a name that: (a) is included in an application in addition to the name of the variety; and (b) is a name by which the variety will be known or sold in Australia.

2 Subsection 3(1) Insert:

test growing includes a comparative test growing.

3 At the end of section 11 Add:

Note: In certain circumstances, the right conferred by this section extends to essentially derived varieties (see section 12), certain dependent plant varieties (see section 13), harvested material (see section 14) and products obtained from harvested material (see section 15).