Queensland Numbered Acts

GASFIELDS COMMISSION AND OTHER LEGISLATION AMENDMENT ACT 2017 - SECT 8

8 Amendment of s 35 (Conditions of agreement)

(1) Section 35 , heading, after ‘of’—
insert—
benefit sharing

(2) Section 35 (2)—
omit, insert—

(2) It is also a condition of the agreement that the biodiscovery entity must not allow another entity to use any of the native biological material the subject of the agreement for biodiscovery, unless the other entity is—

(a) an entity that is engaged by the biodiscovery entity to assist it with biodiscovery in relation to the material and that, under the engagement, is not—

(i) entitled to any gain from use of the material other than a fee for providing the assistance that is not calculated by reference to the results of commercialisation of the material; and

(ii) required to provide any benefits of biodiscovery to the State; or

Example—

a biotechnology research entity that conducts a toxicology test on a product derived from native biological material for a fixed fee

(b) an entity mentioned in section 54 (2)(a) or (b) or (3); or

(c) a party to a benefit sharing agreement concerning the material; or

(d) a party to a subsequent use agreement concerning the material.