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Plant Breeder's Rights Act 1994

Submitted by Richard_Li on
Distinguished Terms in this instrument
Term(s) Definition Defined in Legislation See Section(s)
AAT

Act means the

Administrative Appeals Tribunal Act 1975

.

Plant Breeder's Rights Act 1994 Plant Breeder's Rights Act 1994 - 3 Definitions
Act of the Convention

means:

(a) the Act of the International Convention for the Protection of New Varieties of Plants, done at Geneva on 23 October 1978, as that Act is in force for Australia from time to time; or

(b) the 1991 Act of the Convention; or

Plant Breeder's Rights Act 1994 Plant Breeder's Rights Act 1994 - 3 Definitions
address

has a meaning affected by subsection (2).

Plant Breeder's Rights Act 1994 Plant Breeder's Rights Act 1994 - 2 Commencement
Plant Breeder's Rights Act 1994 - 3 Definitions
Advisory Committee

means the Plant Breeders Rights established by section 63.

Plant Breeder's Rights Act 1994 Plant Breeder's Rights Act 1994 - 3 Definitions
applicant,

in relation to an application, means the person currently shown in the application as the person making the application.

Plant Breeder's Rights Act 1994 Plant Breeder's Rights Act 1994 - 3 Definitions
application

means an under section 24 for PBR in a plant variety to which this Act extends.

Plant Breeder's Rights Act 1994 Plant Breeder's Rights Act 1994 - 3 Definitions
Plant Breeder's Rights Act 1994 - 24 Right to apply for PBR
approved form

means a form approved by the Secretary for the purposes of the provision in which the expression appears.

Plant Breeder's Rights Act 1994 Plant Breeder's Rights Act 1994 - 3 Definitions
biosecurity control order

means an order made under section 353.

Biosecurity Act 2015 Biosecurity Act 2015 - 353 Director of Biosecurity may make biosecurity control order to manage unacceptable level of biosecurity risk
Biosecurity Act 2015 - 9 Definitions
biosecurity response zone

has the meaning given by subsection 365(1).

Note: An area may be determined to be a biosecurity response zone under Part 5 of Chapter 6 during a biosecurity emergency period (see section 465).

Biosecurity Act 2015 Biosecurity Act 2015 - 365 Director of Biosecurity may determine biosecurity response zone
Biosecurity Act 2015 - 9 Definitions
biosecurity response zone determination

means a determination made under subsection 365(1).

Biosecurity Act 2015 Biosecurity Act 2015 - 365 Director of Biosecurity may determine biosecurity response zone
Biosecurity Act 2015 - 9 Definitions
breeder

, in relation to a new plant variety, means:

(a) subject to paragraph (c), if the variety was bred by one person onlythe person; or

Plant Breeder's Rights Act 1994 Plant Breeder's Rights Act 1994 - 3 Definitions
commencing day

means the day on which, in accordance with section 2, this Act commences.

Plant Breeder's Rights Act 1994 Plant Breeder's Rights Act 1994 - 81 Definitions
commercial‐in‐confidence

has the meaning given by subsection 41B(4).

Plant Breeder's Rights Act 1994 Plant Breeder's Rights Act 1994 - 3 Definitions
Plant Breeder's Rights Act 1994 - 41B Essential derivation for non‐PBR‐protected varieties—publication of applications
conditioning

, in relation to propagating material of a plant variety, means:

(a) cleaning, coating, sorting, packaging or grading of the material; or

(b) any other similar treatment;

Plant Breeder's Rights Act 1994 Plant Breeder's Rights Act 1994 - 3 Definitions
contracting party

means a State, or an intergovernmental organisation, that is a party to the Convention.

Plant Breeder's Rights Act 1994 Plant Breeder's Rights Act 1994 - 3 Definitions
Convention

means the International for the Protection of New Varieties of Plants, a copy of the English text of which is set out in the Schedule.

Plant Breeder's Rights Act 1994 Plant Breeder's Rights Act 1994 - 3 Definitions
Court

means the Federal of Australia.

Plant Breeder's Rights Act 1994 Plant Breeder's Rights Act 1994 - 3 Definitions
dependent plant variety

, in relation to another plant variety in which a person holds PBR in Australia, means a plant variety over which PBR in the other plant variety extends under section 13.

Plant Breeder's Rights Act 1994 Plant Breeder's Rights Act 1994 - 3 Definitions
Plant Breeder's Rights Act 1994 - 13 Extension of PBR to cover certain dependent plant varieties
essential characteristics

, in relation to a plant variety, means heritable traits that are determined by the expression of one or more genes, or other heritable determinants, that contribute to the principal features, performance or value of the variety.

Plant Breeder's Rights Act 1994 Plant Breeder's Rights Act 1994 - 3 Definitions
essentially derived

, in relation to a plant variety, has the meaning given by section 4.

Plant Breeder's Rights Act 1994 Plant Breeder's Rights Act 1994 - 3 Definitions
Plant Breeder's Rights Act 1994 - 4 Definition of essentially derived

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