Document ID: chunk:federal_register_of_legislation:C2024C00537:section:3:p2
Version: federal_register_of_legislation:C2024C00537
Segment Type: section
Provision Reference: s 3 (pt 2/5)
Character Range: 9835–12532

a person in the course of performing duties or functions as a member or employee of a body (whether incorporate or unincorporate); or
 (ii) by 2 or more persons in the course of performing duties as a member or employee of such a body;
  the body of which that person or each of those persons is a member or employee;
and includes any person or body that is the successor in title to the person referred to in paragraph (a), to any of the persons referred to in paragraph (b) or the body referred to in paragraph (c).
commercial‑in‑confidence has the meaning given by subsection 41B(4).
conditioning, in relation to propagating material of a plant variety, means:
 (a) cleaning, coating, sorting, packaging or grading of the material; or
 (b) any other similar treatment;
undertaken for the purpose of preparing the material for propagation or sale.
contracting party means a State, or an intergovernmental organisation, in relation to which Australia has obligations under an Act of the Convention.
dependent plant variety, in relation to another plant variety in which a person holds PBR in Australia, means a plant variety over which PBR in the other plant variety extends under section 13.
essential characteristics, in relation to a plant variety, means heritable traits that are determined by the expression of one or more genes, or other heritable determinants, that contribute to the principal features, performance or value of the variety.
essentially derived, in relation to a plant variety, has the meaning given by section 4.
exclusive licensee of the grantee of PBR in a plant variety means a licensee under a licence granted by the grantee that confers on the licensee, or on the licensee and persons authorised by the licensee, PBR in the plant variety to the exclusion of the grantee and all other persons.
Federal Court means the Federal Court of Australia.
genetic resource centre means a place that the Registrar declares to be a genetic resource centre under subsection 70(1).
grantee:
 (a) in relation to PBR in a plant variety—means the person currently entered on the Register as the holder of that right in that variety; and
 (b) in relation to PBR in a plant variety declared to be an essentially derived variety of another plant variety—includes the person currently entered on the Register as the holder of that right in relation to that other plant variety.
Note: For declarations of essential derivation, see sections 40 and 41D.
hearing period has the meaning given by subsection 41C(3).
herbarium means the organisation that the Registrar declares to be the herbarium under section 71.
hybrid means a plant that is a combination of 2 or more genotypes of the same or