Document ID: chunk:federal_register_of_legislation:C2004A01085:clause:1_5
Version: federal_register_of_legislation:C2004A01085
Segment Type: clause
Provision Reference: sch 1 cl 5
Character Range: 3383–4364

5  At the end of section 23
Add:

 (3) If, under subsection 18(1), equitable remuneration is paid, or arranged to be paid, to the grantee of PBR in a plant variety in respect of an act (the first act) in relation to propagating material of that variety before the person does the act, PBR in that variety does not extend to any later act (the later act) referred to in section 11 in relation to that propagating material unless the later act:
 (a) involves the further production or reproduction of that propagating material; or
 (b) involves the export of the material:
 (i) to a country that does not provide PBR in relation to the variety; and
 (ii) for a purpose other than final consumption.

 (4) To avoid doubt, nothing in subsection (1) or (3) prevents the exercise of the rights of the grantee of PBR in a plant variety in relation to any propagating material of that variety that is obtained by reproduction of the propagating material to which that subsection applies.