Commonwealth Numbered Regulations - Explanatory Statements

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PLANT BREEDER'S RIGHTS AMENDMENT REGULATIONS 1999 (NO. 1) 1999 NO. 83

STATUTORY RULES 1999 NO. 83

Issued by the Authority of the Minister for Agriculture, Fisheries and Forestry

Plant Breeder's Rights Act 1994

Plant Breeder's Rights Amendment Regulations 1999 (No. 1)

The Plant Breeder's Rights Act 1994 (the Act), provides for the payment of fees for services performed by the Plant Breeder's Rights Office during the examination of applications for, and granting of plant breeder's rights and for other services performed in relation to the granting of plant breeder's rights. The Act confers a form of intellectual property rights to the breeders of new plant varieties who successfully apply for registration. Grantees are given exclusive rights to the propagating material, including the right to licence other persons, to produce or reproduce propagating material, condition the material for propagation, to offer the material for sale, and to import, export and stock the material.

An establishment may be authorised to conduct test growings of new plant varieties for the purposes of the Act. The advantage of authorisation is reduced Government fees in some circumstances.

Subsection 80(1) of the Act provides that the Governor-General may make regulations prescribing all matters required or permitted or necessary or convenient for carrying out, or giving effect to, the Act.

Subsection 80(2) specifically provides that the Governor-General may make regulations providing a refund, in specified circumstances, of the whole or part of a fee paid under this Act.

The purpose of the Regulations is to allow the opportunity for appeal, through the Administrative Appeals Tribunal Act 1975, of a decision to refuse to authorise a testing establishment or to refuse to refund a prescribed fee following written notification of a decision. An error in regulation numbering is also corrected.

Details of the Regulations are in the Attachment.

The Regulations commence on gazettal.