Plant Variety Rights Regulations (Amendment)1990



Statutory Rules 1990 No. 151

Plant Variety Rights Regulations2 (Amendment)

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 23 January 1990.



By His Excellency's Command,


Minister of State for Primary Industries and Energy


1. (1) Regulations 3, 5 and 6 commence on 1 March 1990.

(2) Regulation 4 commences on 1 February 1990.

Principal Regulations

2. In these Regulations, "Principal Regulations" means the Plant Variety Rights Regulations.


3. Regulation 3 of the Principal Regulations is amended by omitting subregulation (3).

4. After Regulation 3 of the Principal Regulations the following regulation is inserted:

Prescribed genera and species of plants: paragraph 12 (1) (e) of the Act

"3A. Each genus or species of each plant is prescribed for the purposes of paragraph 12 (1) (e) of the Act."

5. Regulation 4 of the Principal Regulations is repealed and the following regulations substituted:

Declaration of genera and species of plants

"4. For the purposes of subsection 13 (1) of the Act, each genus or species of each plant is declared to be a genus or species to which the Act applies.

Prescribed purpose: subparagraph 22 (2) (b) (iii) of the Act

"4A. For the purposes of subparagraph 22 (2) (b) (iii) of the Act, the purpose of market evaluation is prescribed.".


6. Schedule 1 to the Principal Regulations is repealed.

1 Notified in the Commonwealth of Australia Gazette on 31 January 1990.

2 Statutory Rules 1988 No. 62 as amended by 1988 No. 369; 1989 No. 131.