Commonwealth Numbered Regulations - Explanatory Statements

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PLANT BREEDER'S RIGHTS REGULATIONS (AMENDMENT) 1995 NO. 290

STATUTORY RULES 1995 No. 290

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 granting of proprietary rights to plant breeders for new plant varieties the aim of which is to encourage plant breeding and the introduction of new plant varieties to Australia.

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

The Act commenced on 10 November 1994 together with supporting Regulations (Statutory rules 1994 No.352) that were amended (Statutory rule 1994 No.353) to prescribe fees for various stipulated services related to the granting of breeder's rights.

The amendment to Statutory Rule 1994 No. 353 introduces the following new regulations:

Regulation 1 - particular establishments may be authorised as sites for the conduct of a test growing under section 37 of the Act. Centralised testing of varieties is less costly for PBR and technically a preferred option. As an inducement to breeders to have their varieties tested at authorised sites, and as reflection of reduced costs, the fee is lower for varietal descriptions from an authorised testing establishment (See regulation 3 below).

Regulation 2 - gives effect to subsection 80(2) of the Act for fees to be fully or partly refunded to applicants, or for fees to be remitted to offset future fee payments, when a service is not provided or only partly provided by the Plant Breeders Rights Office.

Regulation 3 - amends the schedule of fees (Statutory Rules 1994 No. 353). There are two new service fees.

•       An annual fee to recover the cost incurred administering the "approved person" scheme under Section 8 of the Act. Approved persons are designated (reaccredited) annually by the Plant Breeders Rights Office to act as independent technical consultants to applicants. Designated approved persons perform the role specified under subsection 34(4) of the Act.

•       A new fee option for the lodgement of a description under Section 34 of the Act complements Regulation 1 concerning varietal testing in an "approved establishment".

The amended regulations commenced on gazettal.