Commonwealth Numbered Acts

PLANT BREEDER'S RIGHTS ACT 1994 No. 110, 1994 - SECT 23

23.(1) PBR granted in a plant variety does not extend to any act referred to
in section 11:

   (a)  in relation to propagating material of the variety; or

   (b)  in relation to propagating material of any essentially derived variety
        or dependent plant variety; that takes place after the
        propagating material has been sold by the grantee or with the
        grantee's consent unless that act:

   (c)  involves further production or reproduction of the material; or

   (d)  involves the export of the material:

        (i)    to a country that does not provide PBR in relation to the
               variety; and

        (ii)   for a purpose other than final consumption.

(2) If:

   (a)  a plant variety is declared to be an essentially derived variety of
another plant variety (the "initial variety"); and

   (b)  PBR in the essentially derived variety is held both by the grantee of
        PBR in the essentially derived variety and by the grantee of PBR in
        the initial variety; the reference in subsection (1) to
        propagating material sold by the grantee or with the grantee's consent
        is a reference to propagating material sold by, or with the consent
        of, both of the grantees referred to in paragraph (b).