WIPO Lex

AU077: Plant Variety, Regulations (Amendment), 21/04/1988, No. 62

Statutory Rules 1988 No. 621

Plant Variety Rights Regulations

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and in accordance with subsection 13 (2) of the Plant Variety Rights Act 1987, hereby make the following Regulations under that Act.

Dated 21 April 1988.

N. M. STEPHEN

Governor-General

By His Excellency's Command,

JOHN KERIN

Minister of State for Primary Industries and Energy

Citation

1. These Regulations may be cited as the Plant Variety Rights Regulations.

Commencement of Part II of Schedule 1

2. Part II of Schedule 1 commences on 1 July 1988.

Interpretation

3. (1) In these Regulations, unless the contrary intention appears, "the Act means the Plant Variety Rights Act 1987.

(2) In Schedule 2 , a reference to a section or subsection, without an enactment being cited, is a reference to that section or subsection of the Act.

Declaration of genera and species of plants

4. For the purposes of subsection 13 (1) of the Act, each genus or species specified in column 2 in Schedule 1 , in an item in that Schedule, being a genus or species of a plant, is declared to be a genus or species to which the Act applies.

Prescribed fees

5. The fee set out in item 7 of Schedule 2 is payable to the Commonwealth by a grantee in respect of the occasions described in that item and fees as set out in that Schedule are payable to the Commonwealth in respect of acts and services specified in that Schedule by the person requesting the act or service.

Regulation 4

SCHEDULE 1

GENERA AND SPECIES

PART I

Column 1	Column 2	Column 3
Item	Genus or species	Common name of genus or species
1	Anigozanthus	Kangaroo paw
2	Brassica (oilseed species only)
3	Gossypium	Cotton
4	Macadamia
5	Malus	Apple
6	Phalaris
7	Phaseolus vulgaris	Bean
8	Rosa	Rose

PART II

Column 1	Column 2	Column 3
Item	Genus or species	Common name of genus or species
1	Agrostis	Bent
2	Alstroemeria
3	Artanema
4	Avena	Oats
5	Carica	Paw paw
6	Chamelaucium	Geraldton wax
7	Citrus
8	Cynodon	Bermuda grass
9	Decaspermum
10	Dianthus	Carnation
11	Eucalyptus
12	Festuca	Tall fescue
13	Fragaria	Strawberry
14	Freesia
15	Gerbera
16	Glycine max	Soybean
17	Grevillea
18	Helianthus annuus	Sunflower
19	Lactuca sativa	Lettuce
20	Lechenaultia
21	Lilium	Lily
22	Lolium	Ryegrass
23	Lycopersicon	Tomato
24	Medicago
25	Melaleuca
26	Metrosideros carminea
27	Orchidaceae (all genera and species)
28	Ornithopus	Serradella
29	Panicum
30	Petsea americana	Avocado
31	Pisum	Pea
32	Prunus	Almond
33	Rhododendron
34	Rubus
35	Schlumbergera (Zygocactus)
36	Setaria
37	Solanum tuberosum	Potato
38	Stenotaphrum
39	Stylosanthes	Stylos
40	Trifolium	Clover
41	Vitis	Grape
42	Zea mays	Corn
43	Zoysia

Regulation 5

SCHEDULE 2

FEES

Column 1	Column 2	Column 3
Item	Act, service or occasion in respect of which a fee is payable	Fee
		$
1	Consideration under section 18 of an application	300
2	Consideration of a request under subsection 19 (1) to vary an application	55
3	Consideration of an objection lodged under subsection 20 (1)	60 (plus $ 50 per hour after the first 2 hours)
4	Preparing and giving under section 21 a copy of an application or objection	50
5	Consideration under subsection 26 (1) of an application	1000
6	Preparing and issuing under subsection 26 (5) a certificate of plant variety rights	200
7	Each anniversary of the grant of plant variety rights to the grantee	200
8	Consideration of information supplied under subsection 31 (1)	100
9	Consideration under subsection 35 (8) of an application under subsection 35 (7)	600
10	Consideration of a request under subsection 39 (4)	100
11	Collating and issuing, by the Secretary or Registrar, of publications in relation to plant varieties	50 (per hour)
12	Undertaking, by the Secretary or Registrar, of any other work required or requested by a person to be done in relation to the Act	50 (per hour)

1 Notified in the Commonwealth of Australia Gazette on 29 April 1988.

Australia

AU077

Plant Variety Rights Regulations 1988