Document ID: chunk:federal_register_of_legislation:C2004A01085:clause:1_13
Version: federal_register_of_legislation:C2004A01085
Segment Type: clause
Provision Reference: sch 1 cl 13
Character Range: 5737–6581

13  Subsections 29(1) and (2)
Repeal the subsections, substitute:

 (1) If:
 (a) a person has lodged an application for PBR in a plant variety in one or more contracting parties other than Australia; and
 (b) within a period of 12 months after the date that the earliest of those applications (the foreign application) was lodged, the person lodges an application in Australia (the local application) for PBR in the variety; and
 (c) the local application is accompanied with a claim to have the date of lodgment of the foreign application treated as the priority date for the purposes of the local application; and
 (d) the local application is accepted;
the person is entitled to have the date of lodgment of the foreign application treated as the priority date for the purposes of the local application, subject to subsections (3) and (4).