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Plant Breeder's Rights Act 1994

No. 110, 1994

Compilation No. 23

Compilation date: 14 October 2024

                Includes amendments: Act No. 39, 2024
About this compilation

This compilation

This is a compilation of the Plant Breeder's Rights Act 1994 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Definitions
4 Definition of essentially derived
5 Definition of breeding
6 Genetic modification
8 Approved persons
9 Act to bind Crown
9A Application of the Criminal Code
9B Extension to Norfolk Island
10 Extent of Act
Part 2—Plant breeder's right
11 General nature of PBR
12 Extension of PBR to cover essentially derived varieties
13 Extension of PBR to cover certain dependent plant varieties
14 Extension of PBR to harvested material in certain circumstances
15 Extension of PBR to products obtained from harvested material in certain circumstances
16 Certain acts done for private, experimental or breeding purposes do not infringe PBR
17 Conditioning and use of farm saved seed does not infringe PBR
18 Restrictions on exercise of PBR in certain circumstances
19 Reasonable public access to plant varieties covered by PBR
20 PBR is personal property
21 Registrar must be notified of an assignment of PBR
22 Duration of PBR
23 Exhaustion of PBR
Part 3—Application for