EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO. 15
Issued by the Authority of the Minister for Primary Industries and Energy
PLANT VARIETY RIGHTS ACT 1987
PLANT VARIETY RIGHTS REGULATIONS (Amendment)
Section 55 of the Plant Variety Rights Act 1987 (the Act) provides for the making of regulations for the purposes of the Act.
The proposed Plant Variety Rights Regulations (Amendment) (the proposed Regulations) prescribe all genera and species for the purpose of paragraph 12 (1)(e), giving the grantee the exclusive right to asexually propagate (or license others) plants or reproductive material of a protected variety.
Regulations 5 and 6 prescribe all genera and species of plants for the purpose of subsection 13(1) of the Act, in accordance with a predetermined schedule for progressive implementation, and repeal the existing list of eligible genera and species.
Regulation 5 also prescribes ‘market evaluation’ as a purpose for which an applicant can sell a variety and retain provisional protection prior to the granting of rights.
Proposed Regulation 4 would commence on 1 February 1990 and Regulations 3, 5 and 6 would commence on 1 March 1990.