Document ID: chunk:federal_register_of_legislation:C2004A01085:clause:1_26
Version: federal_register_of_legislation:C2004A01085
Segment Type: clause
Provision Reference: sch 1 cl 26
Character Range: 10610–12090

26  After subsection 43(7)
Insert:

 (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 a plant variety to a person by, or with the consent of, the breeder if the sale is part of an agreement under which the person agrees to use plant material of that variety for the sole purpose of evaluating the variety in one or more of the following tests or trials:
 (a) field tests;
 (b) laboratory trials;
 (c) small‑scale processing trials;
 (d) tests or trials prescribed for the purposes of this subsection.

 (7C) 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 sale only involves plant material that is a by‑product or surplus product of one or more of the following:
 (i) the creation of the variety;
 (ii) a multiplication of the variety;
 (iii) tests or trials covered by subsection (7B); and
 (b) the plant material is sold:
 (i) without identification of the plant variety of the plant material; and
 (ii) for the sole purpose of final consumption.