Document ID: chunk:federal_register_of_legislation:C2024C00537:section:43:p1
Version: federal_register_of_legislation:C2024C00537
Segment Type: section
Provision Reference: s 43 (pt 1/2)
Character Range: 95448–97957

43  Registrable plant varieties
 (1) For the purposes of this Act, a plant variety in which an application for PBR is made is registrable if:
 (a) the variety has a breeder; and
 (b) the variety is distinct; and
 (c) the variety is uniform; and
 (d) the variety is stable; and
 (e) the variety has not been exploited or has been only recently exploited.
 (2) For the purposes of this section, a plant variety is distinct if it is clearly distinguishable from any other variety whose existence is a matter of common knowledge.
 (3) For the purposes of this section, a plant variety is uniform if, subject to the variation that may be expected from the particular features of its propagation, it is uniform in its relevant characteristics on propagation.
 (4) For the purposes of this section, a plant variety is stable if its relevant characteristics remain unchanged after repeated propagation.
 (5) For the purposes of this section, a plant variety is taken not to have been exploited if, at the date of lodging the application for PBR in the variety, plant material of the variety has not been sold to another person by, or with the consent of, the breeder.
 (6) For the purposes of this section, a plant variety is taken to have been only recently exploited if, at the date of lodging the application for PBR in the variety, plant material of the variety has not been sold to another person by, or with the consent of, the breeder, either:
 (a) in Australia—more than one year before that date; or
 (b) outside of Australia:
 (i) in the case of trees or vines—more than 6 years before that date; or
 (ii) in any other case—more than 4 years before that date.
Note: For the definition of sell see subsection 3(1).
 (7) Subsection (6) does not apply to a sale by the breeder of a plant variety of plant material of the variety to another person if that sale is a part of, or related to, another transaction under which the right of the breeder to make application for PBR in that plant variety is sold to that other person.
 (7A) Subsection (6) does not apply to a sale of plant material of a plant variety to a person by, or with the consent of, the breeder if:
 (a) the sole purpose of the sale is for the person to multiply plant material of that plant variety on behalf of the breeder; and
 (b) under the agreement for the sale, immediately after the plant material is multiplied, property in the new plant material vests in the breeder.
 (7B) Subsection (6) does not apply to a sale of plant material of