Plants Variety Act 1987.

Nothing in this Act requires or permits the grant of plant variety rights in respect of a new plant variety unless: (a) the origination of that new plant variety constituted an invention for the purposes of paragraph 51 (xviii) of the Constitution; or (b) where Australia is a party to the Convention for the Protection of New Varieties of Plants - the grant is appropriate to give effect to the obligations of Australia under the Convention (sect. 5). Section 6 provides for the establishment of a Registrar of Plant Variety Rights. Places suitable for the storage and maintenance of germ plasms may be declared genetic resources centres (sect. 10). Section 12 defines "plant variety rights". Section 15 makes provision for the application for plant variety rights. Section 17A grants priority to a specified class of persons with respect to applications. Section 26 regulates the grant of plant variety rights. Section 30 defines the nature of plant variety rights: "Plant variety rights are personal property and, subject to any conditions imposed under section 34 are assignable or transferable by will or by operation of law". Other sections of the part which deals with variety rights make provision for duration of rights, supply of reproductive material, rights subject to conditions, revocation of rights, rights not to restrict cultivation and sale for purposes specified in section 38, protection of public interest in new plant varieties, infringements of plant variety rights and jurisdiction of court. There is established a Plant Variety Rights Advisory Committee under section 44. The last part of this Act deals with inspection of the Register, offences, and the application of review of decisions to the Administrative Appeals Tribunal. (55 sections divided into 5 Parts completed by a Schedule containing the text of the Convention)