Commonwealth Numbered Regulations - Explanatory Statements

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PLANT BREEDER'S RIGHTS REGULATIONS (AMENDMENT) 1994 NO. 353

EXPLANATORY STATEMENT

STATUTORY RULES 1994 No. 353

Issued by the Authority of the Minister for Primary Industries and Energy

Plant Breeder's Rights Act 1994

Plant Breeder's Rights Regulations (Amendment)

The Plant Breeder's Rights Act 1994 (the Act), provides for the payment of fees for services performed by the Plant Breeder's Rights Office during the examination of applications for, and granting of, plant breeder's rights and for other services performed in relation to the granting of plant breeder's rights.

Subsection 80(1) of the Act provides that the Governor-General may make regulations prescribing all matters required or permitted or necessary or convenient for carrying-out, or giving effect to, the Act.

Subsection 80(2) specifically provides that the Governor-General may make regulations prescribing fees for various stipulated services performed by the Plant Breeder's Rights Office.

Regulations were made before commencement under Section 4 of the Acts Interpretation Act 1901.

The proposed fees that came into effect with the commencement of the Plant Breeder's Rights Act 1994 are the same as the respective fees for services prescribed under the old Act which have remained unchanged since 1990.

The purpose of the amendment is to reduce some fees and to raise others to match fees with current costs of services performed in relation to the granting of breeder's rights in order to keep revenue equal to the costs of the Plant Breeder's Rights Scheme.

The regulations will come into effect on the first of January 1995 to provide adequate time to inform the public of the impending changes to the fee structure for plant breeder's rights.


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