World Intellectual Property Organization

Australia

Plant Breeder's Rights Regulations (No. 353 of 1994)

 

 

Statutory Rules 1994 No. 3531

Plant Breeder's Rights Regulations2 (Amendment)

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under section 4 of the Acts Interpretation Act 1901, make the following Regulations under the Plant Breeder's Rights Act 1994.

Dated 11 October 1994.

P. BENNETT

Administrator

By His Excellency's Command,

BOB COLLINS

Minister for Primary Industries and Energy

1. Commencement

1.1 These Regulations commence on 1 January 1995

2. Amendment

2.1 The Plant Breeder's Rights Regulations are amended as set out in these Regulations.

3. Schedule

3.1 Omit the Schedule, substitute:

SCHEDULE

Regulation 4

FEES

Column 1

Column 2

Column 3

Item no.

Act, service or occasion in respect of which fee is payable

Fee

1

On making a request under subsection 19 (4), whether or not the request includes a request under subsection 19 (10)

$500

2

On making a request for a certificate under subsection 19 (11)

$100

3

Amendment of the register on notification of assignment under section 21

$100

4

On lodgment of an application under section 26

$300

5

On making a request for a variation of an application under subsection 31 (1)

$100

6

On lodgment of a detailed description under section 34 for:

(a) a variety tested under section 37 to establish that the variety is distinct, uniform and stable

$1400

(b) a variety to which subsection 38 (3), (4) or (5) applies

$1400

(c) each of 2 or more varieties of the same plant species tested simultaneously at the same site in Australia under section 37 to establish that the varieties are distinct, uniform and stable, for which a complete application and detailed description are lodged on the same day by the same approved person or applicant or agent of the applicant under section 34

$1200

7

On lodgment of an objection under section 35

$100

8

On making a request for a copy of an application, an objection or a detailed description under subsection 36 (2)

$50

9

On lodgment of an application for a declaration of essential derivation under subsection 40 (1)

$800

10

Grant of PBR in a plant variety under section 44

$300

11

On lodgment of an application for:

(a) revocation of a PBR under subsection 50 (8); or

$500

(b) revocation of a declaration of essential derivation under subsection 50 (9)

$500

12

On making a request for a copy of an entry in the register under subsection 62 (2)

$50

13

On making an annual subscription to the Plant Varieties Journal issued under section 68

$40

14

On purchasing a single issue of the Plant Varieties Journal

$14

15

For annual maintenance of a PBR-on each anniversary of the grant

$300

16

For the undertaking, on 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

$75 per hour or part of an hour

1 Notified in the Commonwealth of Australia Gazette on 18 October 1994.

2 Statutory Rules 1994 No. 352.

 

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