Commonwealth Numbered Acts

PLANT VARIETY RIGHTS ACT 1987 No. 2, 1987 - SECT 23

23. For the purposes of this Act, where a plant variety in respect of which an
application has been accepted was originated outside Australia, the variety
shall not be taken to have a particular characteristic unless-

   (a)  a test growing of the variety carried out in Australia has
        demonstrated that the variety has that characteristic;

   (b)  the Secretary is satisfied that-

        (i)    a test growing of the variety carried out at a place outside
               Australia has demonstrated that the variety has that
               characteristic; and

        (ii)   the test growing of the variety carried out at that place is
               equivalent to a test growing of the variety carried out in
               Australia; or

   (c)  the Secretary is satisfied that-

        (i)    a test growing of the variety carried out at a place outside
               Australia has demonstrated that the variety has that
               characteristic;

        (ii)   any test growing of the variety carried out in Australia would
               probably demonstrate that the variety has that characteristic;
               and

        (iii)  if a test growing of the variety in Australia that would be
               sufficient to demonstrate whether the variety has that
               characteristic were to be carried out, the test growing would
               take longer than 2 years.