Plant Variety Rights Act 1987 (No. 5 of 1987).

This Act provides for the application for and granting of plant variety rights, as well as for the institution of a Plant Variety Rights Office. "Plant" is defined as including an alga, bacterium and a fungus, whereas "plant variety" is defined as a cultivar or cultivated variety of a plant to which this Act applies and includes any hybrid, clone, stock or line of such plant, but does not include a botanical variety of such a plant (see amendment of 1994 for changes to these definitions) Applications are made to the Commissioner of Plant Variety Rights who shall make a grant if the applicant has supplied all reproductive material of the variety concerned and if the Commissioner (a) has approved the denomination proposed by the applicant; (b) is satisfied that the applicant is the owner of the variety; (c) has received the prescribed fee; (d) is satisfied that the variety is new, distinct, homogeneous and stable (sect. 10). Plant variety rights confer the power to (a) produce for sale and sell; (b) propagate the variety for commercial production of fruit and flowers. All persons are allowed to make non-commercial use of plant varieties. Appeals to decisions by the Commissioner may be made within 28 days to the District Court. A Plant Varieties Office, headed by the Commissioner of Plant Variety Rights may be appointed by the Director-General of Agriculture and Fisheries and it shall issue a Plant Variety Rights Journal as circumstances require. The business of this Office as well as several other matters shall be regulated by Order in Council (regulation).