Document ID: chunk:federal_register_of_legislation:C2024C00537:section:3:p1
Version: federal_register_of_legislation:C2024C00537
Segment Type: section
Provision Reference: s 3 (pt 1/5)
Character Range: 7428–10054

3  Definitions
 (1) In this Act, unless the contrary intention appears:
1991 Act of the Convention means the Act of the International Convention for the Protection of New Varieties of Plants, done at Geneva on 19 March 1991, as that Act is in force for Australia from time to time.
Note: The text of the 1991 Act of the Convention is set out in Australian Treaty Series 2000 No. 6 ([2000] ATS 6). In 2018, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
Act of the Convention means:
 (a) the Act of the International Convention for the Protection of New Varieties of Plants, done at Geneva on 23 October 1978, as that Act is in force for Australia from time to time; or
 (b) the 1991 Act of the Convention; or
 (c) any other Act of that Convention determined by the Minister under subsection (1A), as that Act is in force for Australia from time to time.
Note: The text of the Act mentioned in paragraph (a) is set out in Australian Treaty Series 1989 No. 2 ([1989] ATS 2). In 2018, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
address has a meaning affected by subsection (2).
applicant, in relation to an application, means the person currently shown in the application as the person making the application.
application means an application under section 24 for PBR in a plant variety to which this Act extends.
approved form, in relation to a provision of this Act, means a form approved in an instrument under subsection (1B) for the purposes of that provision.
ART means the Administrative Review Tribunal.
ART Act means the Administrative Review Tribunal Act 2024.
biosecurity control order has the same meaning as in the Biosecurity Act 2015.
biosecurity response zone has the same meaning as in the Biosecurity Act 2015.
biosecurity response zone determination has the same meaning as in the Biosecurity Act 2015.
breeder, in relation to a new plant variety, means:
 (a) subject to paragraph (c), if the variety was bred by one person only—the person; or
 (b) subject to paragraph (c), if the variety was bred by 2 or more persons (whether jointly or independently and whether at the same time or different times)—each of those persons; or
 (c) if the variety was bred:
 (i) by 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