Commonwealth Consolidated Acts

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Conditioning and use of farm saved seed does not infringe PBR

             (1)  If:

                     (a)  a person engaged in farming activities legitimately obtains propagating material of a plant variety covered by PBR either by purchase or by previous operation of this section, for use in such activities; and

                     (b)  the plant variety is not included within a taxon declared under subsection (2) to be a taxon to which this subsection does not apply; and

                     (c)  the person subsequently harvests further propagating material from plants grown from that first-mentioned propagating material;

the PBR is not infringed by:

                     (d)  the conditioning of so much of that further propagating material as is required for the person's use for reproductive purposes; or

                     (e)  the reproduction of that further propagating material.

             (2)  The regulations may declare a particular taxon to be a taxon to which subsection (1) does not apply.

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