Commonwealth Consolidated Regulations Commonwealth Consolidated RegulationsStatutory Rules No. 352, 1994
made under the
Plant Breeder's Rights Act 1994
Compilation No. 17
Compilation date: 1 October 2020
Includes amendments up to: F2020L00997
Registered: 28 October 2020
About this compilation
This compilation
This is a compilation of the Plant Breeder's Rights Regulations 1994 that shows the text of the law as amended and in force on 1 October 2020 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Preliminary
1 Name of regulations
3 Interpretation
3AA Extension of Act to Norfolk Island
Part 2--Application for plant breeder's right
3A Authorised testing establishment
3BA Essential derivation for non-PBR protected varieties--publication of notification of application in Journal
3BB Essential derivation for non-PBR protected varieties--opportunity to be heard
Part 3--Administration
3B Employees to whom Registrar may delegate (Act s 59(3))
3C Employees to whom Minister's powers may be subdelegated (Act s 59(4))
Part 4--Miscellaneous
Division 1--General provisions
3DA Service of documents
3E Period for doing certain acts--office not open for business
3F Days when office not open for business
3G Period for doing certain acts--acts to which section 76A does not apply
Division 2--Fees
4 Schedule 1
4AA Failure to pay: fees for requesting expedited dispatch
4A Exemption from fees
5 Refund and remission of fees in specified circumstances
Part 5--Application, transitional and saving provisions
6 Application, saving and transitional provisions--Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Regulations 2018
Schedule 1--Fees
1 Table of fees
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Number and year | FRLI registration or gazettal | Commencement | Application, saving and transitional provisions |
352, 1994 | 18 Oct 1994 | 10 Nov 1994 (r 2) |
|
353, 1994 | 18 Oct 1994 | 1 Jan 1995 (r 1.1) | -- |
290, 1995 | 10 Oct 1995 | 10 Oct 1995 | -- |
83, 1999 | 4 June 1999 | 4 June 1999 (r 2) | -- |
355, 2006 | 15 Dec 2006 (F2006L03971) | Sch 3: 1 Mar 2007 (r 2) | -- |
40, 2007 | 23 Mar 2007 (F2007L00650) | Sch 5: 27 Mar 2007 (r 2(a)) | -- |
62, 2011 | 16 May 2011 (F2011L00773) | Sch 5: 1 July 2011 (r 2) | -- |
217, 2011 | 29 Nov 2011 (F2011L02480) | Sch 1 (Pt 4): 27 Dec 2011 (r 2(a)) | -- |
66, 2012 | 14 May 2012 (F2012L01031) | Sch 4 (Pt 1): 1 July 2012 (s 2(a)(v)) | -- |
Name | Registration | Commencement | Application, saving and transitional provisions |
Intellectual Property Legislation Amendment (Fee Review) Regulation 2016 | 19 Aug 2016 (F2016L01306) | Sch 1 (items 52-59): 10 Oct 2016 (s 2(1) item 1) | -- |
Intellectual Property Legislation Amendment (Single Economic Market and Other Measures) Regulation 2016 | 14 Nov 2016 (F2016L01754) | Sch 3 (item 6): 24 Feb 2017 (s 2(1) item 2) | -- |
Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Regulations 2018 | 16 Oct 2018 (F2018L01435) | Sch 1 (items 1, 2) and Sch 2 (items 59, 60, 139-141, 223-229): 24 Feb 2019 (s 2(1) items 2, 6, 7, 13) | -- |
Intellectual Property Laws Amendment (Fee Exemptions) Regulations 2020 | 12 June 2020 (F2020L00703) | Sch 1 (item 1): 13 June 2020 (s 2(1) item 1) | -- |
Intellectual Property Laws Amendment (Fee Amounts and Other Measures) Regulations 2020 | 7 Aug 2020 (F2020L00997) | Sch 1 (items 36-49): 1 Oct 2020 (s 2(1) item 1) | -- |
Provision affected | How affected |
Part 1 |
|
Part 1 heading............. | ad F2020L00997 |
r 1..................... | rs No 83, 1999 |
r 2..................... | rep LA s 48D |
r 3..................... | am No 290, 1995; No 66, 2012; F2016L01306; F2018L01435; F2020L00997 |
r 3AA................... | ad F2016L01754 |
Part 2 |
|
Part 2 heading............. | ad F2020L00997 |
r 3A.................... | ad No 290, 1995 |
| am No 83, 1999; F2018L01435 |
r 3BA................... | ad F2018L01435 |
r 3BB................... | ad F2018L01435 |
Part 3 |
|
Part 3 heading............. | ad F2020L00997 |
r 3B.................... | ad No 40, 2007 |
r 3C.................... | ad No 40, 2007 |
r 3D.................... | ad No 40, 2007 |
| rep F2018L01435 |
Part 4 |
|
Part 4 heading............. | ad F2020L00997 |
Division 1 |
|
Division 1 heading.......... | ad F2020L00997 |
r 3DA................... | ad F2016L01754 |
r 3E.................... | ad No 40, 2007 |
r 3F.................... | ad No 40, 2007 |
| am No 62, 2011; No 217, 2011 |
r 3G.................... | ad No 40, 2007 |
Division 2 |
|
Division 2 heading.......... | ad F2020L00997 |
r 4..................... | am F2016L01306 |
| rs F2020L00997 |
r 4AA................... | ad F2020L00997 |
r 4 (second occurring)........ | ad No 290, 1995 |
| rep No 83, 1999 |
r 4A.................... | ad No 66, 2012 |
| am F2016L01306 |
| rep F2018L01435 |
| ad F2020L00703 |
| am F2020L00997 |
r 5..................... | ad No 83, 1999 |
| am F2018L01435 |
Part 5 |
|
Part 5 heading............. | ad F2020L00997 |
r 6..................... | ad F2018L01435 |
Schedule 1 |
|
Schedule heading........... | rs F2016L01306 |
| renum F2016L01306 |
Schedule................. | rs No 353, 1994 |
| am No 290, 1995; No 355, 2006 |
| rs No 66, 2012 |
Schedule 1 heading | ad F2016L01306 |
Schedule 1................ | am F2016L01306; F2018L01435; F2020L00997 |