Commonwealth Numbered Acts

PLANT BREEDER'S RIGHTS ACT 1994 No. 110, 1994 - SECT 57

57.(1) The Court may refuse to award damages, or to make an order for an
account of profits, against a person in an action for infringement of PBR in a
plant variety, if the person satisfies the Court that, at the time of the
infringement, the person was not aware of, and had no reasonable grounds for
suspecting, the existence of that right.

(2) If the propagating material of plants of the plant variety, labelled so as
to indicate that PBR is held in the variety in Australia, has been sold to a
substantial extent before the date of the infringement, the person against
whom the action for infringement is brought is taken to have been aware of the
existence of PBR in the variety, unless the contrary is established.