Document ID: chunk:federal_register_of_legislation:C2004A04065:front:0:p8
Version: federal_register_of_legislation:C2004A04065
Segment Type: other
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Character Range: 18999–21692

"(3) A report for a financial year may, subject to agreement between the Presiding Member and the Chairperson of the Corporation, be included, as a discrete part, in the annual report of the Corporation for that financial year.

"(4) If subsection (3) does not apply to a report under this section, the Minister must cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of that House after the Minister receives the report.".

PART 5—AMENDMENTS OF THE MURRAY-DARLING BASIN
ACT 1983

Principal Act

22. In this Part, "Principal Act" means the Murray-Darling Basin Act 19834.

Approval of amending agreement

23. The agreement, a copy of which is set out in Schedule 3, is approved.

Interpretation

24. Section 3 of the Principal Act is amended by omitting "agreement, a copy of which is set out in Schedule 2" from the definition of "Agreement" and substituting "agreements, copies of which are set out in Schedules 2 and 3".

Schedule 3

25. The Principal Act is amended by adding at the end the Schedule set out in Schedule 3 to this Act.

PART 6—AMENDMENTS OF THE PLANT VARIETY RIGHTS ACT 1987

Principal Act

26. In this Part, "Principal Act" means the Plant Variety Rights Act 19875.

Interpretation

27. Section 3 of the Principal Act is amended by inserting after subsection (3) the following subsection:

"(3a) For the purposes of this Act, a person who selects a plant variety from a plant population that the person has grown, being a plant variety that is distinguishable by one or more important morphological, physiological or other characteristics from all other plant varieties whose existence at the time is a matter of common knowledge, is taken to have originated that variety.".

Plant variety rights not to be granted in relation to certain varieties

  28. Section 13 of the Principal Act is amended:

     (a) by omitting subsection (1) and substituting the following subsection:

     "(1) Plant variety rights must not be granted in respect of a plant variety if the plants of that variety are plants of a genus or species declared by the regulations to be a genus or species to which this Act does not apply.";

     (b) by omitting from subsection (2) "applies" (wherever occurring) and substituting "does not apply".

29. After section 17 of the Principal Act the following section is inserted:

Priority of certain breeders

  "17a. (1) A person who:

   (a) is the breeder of a 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