Document ID: chunk:federal_register_of_legislation:C2004A04065:front:0:p9
Version: federal_register_of_legislation:C2004A04065
Segment Type: other
Provision Reference: 
Character Range: 21453–24241

new plant variety; and

(b) in a member State of the Union (other than Australia) within the meaning of the Convention, makes an application (in this section called the 'foreign application') for all or any plant variety rights in respect of that variety;

has priority for the purposes of this Act in respect of that variety during the period of 12 months commencing on the day after the day on which that application is made.

  "(2) If:

     (a) during that period of 12 months the person makes an application to the Secretary for protection under this Act in respect of that plant variety accompanied by a claim for priority in respect of the foreign application; and

     (b) during that period but within 3 months of making that application, the person lodges with the Secretary a copy of the documents that constituted the foreign application certified to be a true copy of those documents by the authority that received the foreign application;

the person has priority in respect of that plant variety during such additional period, commencing at the end of that period of 12 months, as is prescribed.

"(3) If, during that additional period, the person provides the Secretary with such particulars in relation to the plant variety as would be required if the person were making an application under section 16, the person is taken to have made an application under this Act for plant variety rights in respect of that variety.".

Lodging of applications

30. Section 18 of the Principal Act is amended by omitting subparagraph (1) (a) (ii) and substituting the following subparagraphs:

  "(ii) the name of the variety complies with section 17; and

     (iii) no other person has priority for the purposes of this Act in respect of that variety;".

Provisional protection

31. Section 22 of the Principal Act is amended by omitting paragraph (2) (b).

Characteristics of plant varieties originated outside Australia

  32. Section 23 of the Principal Act is amended:

  (a) by adding at the end of paragraph (a) "or";

  (b) by inserting after paragraph (a) the following paragraph:

          "(aa) a test growing of the variety carried out at a place outside Australia has demonstrated that the variety has that characteristic and Australia is required, under an

          agreement between Australia and the country in which the test growing was carried out, to accept that the variety has that characteristic; or".

Offences

33. Section 52 of the Principal Act is amended by omitting from paragraph (2) (b) "section 21" and substituting "subsection 22 (1)".

PART 7—AMENDMENTS OF THE PRIMARY INDUSTRIES
AND ENERGY RESEARCH AND DEVELOPMENT ACT 1989

Principal Act

34. In this Part, "Principal Act" means the Primary Industries and Energy Research and Development Act