Plant Breeder's Rights Act 1994 (Cth)

Plant Breeder's Rights Act 1994

No. 110, 1994

Compilation No. 23

Compilation date: 14 October 2024

Includes amendments: Act No. 39, 2024 About this compilation

This compilation

This is a compilation of the Plant Breeder's Rights Act 1994 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents 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 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 Part 3—Application for plant breeder's right 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 Part 4—The grant and revocation of Plant Breeder's Right 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 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 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 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 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 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 Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history