Commonwealth Numbered Acts

AGRICULTURE, FISHERIES AND FORESTRY LEGISLATION AMENDMENT ACT (NO. 2) 1999 NO. 170, 1999 - SCHEDULE 1

1 Subsection 21(1)

2 Subsection 21(3)

3 After subsection 35(2)

(2A)

An objection is of no effect unless it is accompanied by the prescribed fee.

4 Paragraph 37(5)(c)

(c)

if it is conducted to deal with a request for revocation of PBR:

(i)

by the person making the request, where the test growing shows that there are no valid reasons for the revocation; or

(ii)

by the grantee where the test growing shows that there are valid reasons for the revocation.

5 After subsection 37(5)

(6)

If a contracting party, or a national or an organisation of a contracting party, requests the Secretary to conduct in Australia a test growing of a plant variety, the Secretary may decide to conduct the test growing as so requested.

(7)

If the Secretary decides to conduct a test growing under subsection (6), subsections (1), (2), (3), (4) and (5) apply to such test growing as if:

(a)

the person or organisation requesting the test growing under subsection

(6)

was an applicant for PBR; and

(b)

the test growing had been decided on in relation to that application.

6 Subsection 43(6)

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;

(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.

8 Subsection 50(5)

9 After subsection 50(9)

(9A)

An application under subsection (8) or (9) is of no effect unless it is accompanied by the prescribed fee.

10 Subsection 61(2)

(2)

In order to foster public access to the information contained in the Register, the Registrar may disseminate that information on the Internet or in such other manner as the Registrar considers most likely to enhance its accessibility.

11 Subparagraph 80(2)(a)(iv)

12 At the end of paragraph 80(2)(a)

and, if the matter is not dealt with by another provision of this Act, specifying the time at which, or the circumstances in which, such fees are to be paid and the manner of payment of such fees; and