Document ID: chunk:federal_register_of_legislation:C2024C00537:section:3:p4
Version: federal_register_of_legislation:C2024C00537
Segment Type: section
Provision Reference: s 3 (pt 4/5)
Character Range: 14750–17404

functional unit because of its suitability for being propagated unchanged.
Note: Plant groupings for the purposes of this definition include genetically modified plant groupings. See section 6.
preferred means:
 (a) in relation to lodging a document with, or giving a document to, the Registrar—means the means specified under subsection 72C(4); or
 (b) in relation to paying a fee—means the means specified under subsection 80A(4).
process, in relation to the reproduction of propagating material, of a plant variety does not include:
 (a) the development of a cell or tissue or a plant part into a plant of that variety; or
 (b) the growth of a plant into a larger plant of that variety.
propagating material, in relation to a plant of a particular plant variety, means any part or product from which, whether alone or in combination with other parts or products of that plant, another plant with the same essential characteristics can be produced.
propagation, in relation to a living organism or its components, means the growth, culture or multiplication of that organism or component, whether by sexual or asexual means.
Register means the Register of Plant Varieties kept under section 61.
Registrar means the Registrar of Plant Breeder's Rights.
release from biosecurity control has the same meaning as in the Biosecurity Act 2015.
relevant proceedings, in relation to PBR in a plant variety, means proceedings in a court, or proceedings (within the meaning of the ART Act) in the ART, relating to:
 (a) the grant of the PBR; or
 (b) the infringement of the PBR; or
 (c) a decision to revoke, or not to revoke, the PBR.
reproduction, in relation to propagating material of a plant of a particular variety, means any process, whereby the number of units of that propagating material that have the capacity to grow into independent plants is multiplied.
sell includes letting on hire and exchanging by way of barter.
subject to biosecurity control has the same meaning as in the Biosecurity Act 2015.
successor means:
 (a) in relation to a breeder of a plant variety—a person to whom the right of the breeder to make application for PBR in that variety has been assigned, or transmitted by will or by operation of law; and
 (b) in relation to a grantee of PBR—a person to whom that right has been assigned, or transmitted by will or by operation of law.
synonym, in relation to the name of a plant variety, means a name that:
 (a) is included in an application in addition to the name of the variety; and
 (b) is a name by which the variety will be known or sold in Australia.
test growing includes a comparative test growing.
Union means the Union