Plant Variety Regulations

PLANT VARIETY RIGHTS REGULATIONS *1* The Plant Variety Rights Regulations (in force under the Plant Variety Rights Act 1987) as shown in this reprint comprise Statutory Rules 1988 No. 62 amended as indicated in the Tables below. Table of Statutory Rules Year and Date of Date of Application Number Notification commencement saving or in Gazette transitional provisions 1988 No. 62 29 Apr 1988 Part II of Schedule 1: 1 July 1988 Remainder: 29 Apr 1988 369 21 Dec 1988 1 Jan 1989 1989 No. 131 21 June 1989 1 July 1989 1990 No. 15 31 Jan 1990 Rr. 3, 5 and 6: 1 Mar 1990 R. 4: 1 Feb 1990 Remainder: 31 Jan 1990 201 29 June 1990 1 July 1990 Table of Amendments ad=added or inserted am=amended rep=repealed rs=repealed and substituted Provision affected How affected R. 3 am. 1989 No. 131; 1990 No. 15 R. 3A ad. 1990 No. 15 R. 4 am. 1989 No. 131 rs. 1990 No. 15 R. 4A ad. 1990 No. 15 R. 5 am. 1989 No. 131 R. 6 ad. 1989 No. 131 Schedule 1 am. 1988 No. 369; 1989 No. 131 rep. 1990 No. 15 Schedule 2 rs. 1989 No. 131; 1990 No. 201 2 TABLE OF PROVISIONS Regulation 1. Citation 2. Commencement of Part II of Schedule 1 3. Interpretation 3A. Prescribed genera and species of plants: paragraph 12 (1) (e) of the Act 4. Declaration of genera and species of plants 4A. Prescribed purpose: subparagraph 22 (2) (b) (iii) of the Act 5. Prescribed fees 6. Notice - paragraph 35 (1) (b) of the Act SCHEDULE 2 - FEES 3 Citation 1. These Regulations may be cited as the Plant Variety Rights Regulations.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER . Commencement of Part II of Schedule 1 2. Part II of Schedule 1 commences on 1 July 1988. Interpretation 3. (1) In these Regulations, unless the contrary intention appears, "the Act" means the Plant Variety Rights Act 1987. (2) In Schedule 2, a reference to a section or subsection, without an enactment being cited, is a reference to that section or subsection of the Act. Prescribed genera and species of plants: paragraph 12 (1) (e) of the Act 3A. Each genus or species of each plant is prescribed for the purposes of paragraph 12 (1) (e) of the Act. Declaration of genera and species of plants 4. For the purposes of subsection 13 (1) of the Act, each genus or species of each plant is declared to be a genus or species to which the Act applies. Prescribed purpose: subparagraph 22 (2) (b) (iii) of the Act 4A. For the purposes of subparagraph 22 (2) (b) (iii) of the Act, the purpose of market evaluation is prescribed. Prescribed fees 5. The fee set out in item 11 of Schedule 2 is payable to the Commonwealth by a grantee in respect of the occasions described in that item and fees as set out in that Schedule are payable to the Commonwealth in respect of acts and services specified in that Schedule. Notice - paragraph 35 (1) (b) of the Act 6. For the purposes of paragraph 35 (1) (b) of the Act, notice shall be given in writing. 4 SCHEDULE 2 Regulation 5 FEES Column 1 Column 2 Column 3 Item No. Act, service or occasion in respect of which Fee fee is payable $ 1 On lodgment of an application under subsection 15 (1) for plant variety rights 400 2 On making a request under subsection 19 (1) to vary an application 70 3 On lodgment of an objection under subsection 20 (1) 200 4 Giving a copy under section 21 of an application or an objection 70 5 For consideration of an application that has been accepted under subsection 18 (1) 1,400 6 On grant of plant variety rights under section 26 250 7 Amendment of the Register under subsection 31 (1) 140 8 On making an application under subsection 35 (7) for the revocation of plant variety rights 800 9 On making a request under subsection 39 (4) 140 10 Giving a copy under section 49 of an entry in the Register 70 11 On each anniversary of the grant of plant variety rights to the grantee 250 12 On providing copies of a publication in relation to plant varieties $8.00 for the first 10 pages and 50c per page thereafter 13 For the undertaking, upon request of a person, by the Secretary or the Registrar of any work required or authorised under the Act and for which a fee is not prescribed under any other item $70 per hour or part thereof