Document ID: chunk:federal_register_of_legislation:C2004A00561:clause:1_7
Version: federal_register_of_legislation:C2004A00561
Segment Type: clause
Provision Reference: sch 1 cl 7
Character Range: 3452–4509

7  Transitional provision

(1) If:
 (a) a person first sold a plant variety in the territory of a contracting party other than Australia after 9 November 1988 and before 10 November 1990; and
 (b) the person lodged an application for PBR under the Plant Breeder's Rights Act 1994 more than 4 years but less than 6 years after the date of that first sale; and
 (c) the application was rejected only because of the operation of subsection 43(6) of that Act;
then, despite the terms of that subsection and subject to subitem (2), the Registrar may further consider that application as if the sales of that plant variety occurring after 9 November 1988 but more than 4 years before the application had not taken place.

(2) Subitem (1) does not apply in relation to an application referred to in that subitem unless the applicant in relation to that application, or any successor in title to that applicant, notifies the Registrar, in writing, to take action under this item in relation to that application within 6 months after the commencement of this item.