Commonwealth Consolidated Acts

PLANT BREEDER'S RIGHTS ACT 1994 - SECT 10

    Nothing in this Act requires or permits the granting of PBR in a plant variety unless:

  (a)   if Australia is a party to an Act of the Convention--the grant is appropriate to give effect to the obligations of Australia under that Act; or

  (b)   the breeding of the plant variety constitutes an invention for the purpose of paragraph   51(xviii) of the Constitution.