Plant Breeder’s Rights Regulations 1994
Authorised Version F2018C00772 registered 25/10/2018
Statutory Rules No. 352, 1994
made under the
Plant Breeder’s Rights Act 1994
Compilation No. 14
Compilation date: 17 October 2018
Includes amendments up to: F2018L01435
Registered: 25 October 2018
Prepared by the Office of Parliamentary Counsel, Canberra
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 17 October 2018 (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If a provision of the compiled law has been repealed in accordance with a provision of the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.
Authorised Version F2018C00772 registered 25/10/2018
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Contents 1 Name of regulations.......................................................................... 1
3 Interpretation..................................................................................... 1
3AA Extension of Act to Norfolk Island ................................................... 1
3A Authorised testing establishment ...................................................... 1
3B Employees to whom Registrar may delegate (Act s 59(3))............... 1
3C Employees to whom Minister’s powers may be subdelegated
(Act s 59(4))...................................................................................... 2
3D Employees to whom Secretary’s powers may be
subdelegated (Act s 59(4)) ................................................................ 2
3DA Service of documents ........................................................................ 2
3E Period for doing certain acts—office not open for business.............. 2
3F Days when office not open for business............................................ 2
3G Period for doing certain acts—acts to which section 76A
does not apply ................................................................................... 3
4 Prescribed fees .................................................................................. 3
4A Approved means ............................................................................... 3
5 Refund and remission of fees in specified circumstances ................. 4
6 Application, saving and transitional provisions—Intellectual
Property Laws Amendment (Productivity Commission
Response Part 1 and Other Measures) Regulations 2018................. 4
Schedule 1—Fees 6 1 Table of fees...................................................................................... 6
Endnotes 8
Endnote 1—About the endnotes 8
Endnote 2—Abbreviation key 9
Endnote 3—Legislation history 10
Endnote 4—Amendment history 11
Plant Breeder’s Rights Regulations 1994
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Regulation 1
1 Name of regulations
These regulations are the Plant Breeder’s Rights Regulations 1994.
3 Interpretation
(1) In these Regulations, unless the contrary intention appears:
Act means the Plant Breeder’s Rights Act 1994.
approved means, for doing an action, means the means specified for the action
by the Registrar in a notice made under regulation 4A and published by the
Registrar.
authorised testing establishment means an establishment authorised under
regulation 3A.
(2) In Schedule 1, a reference to a section or subsection, is a reference to that section
or subsection of the Act.
3AA Extension of Act to Norfolk Island
For the purposes of section 9B of the Act, this regulation prescribes that the Act
extends to Norfolk Island.
3A Authorised testing establishment
(1) For the purposes of conducting a test growing of a plant variety under section 37
of the Act, the Secretary may authorise, in writing, an establishment to conduct
the test growing.
(2) An establishment may be authorised only if the Secretary is satisfied that it is
capable of conducting a test growing of a variety in a manner appropriate to give
effect to the obligations of Australia under the Convention.
(3) The Secretary must give the operator of the establishment written notice of:
(a) the Secretary’s decision whether to authorise the establishment; and
(b) if the decision is a refusal—the reasons for that decision.
(4) Subject to the Administrative Appeals Tribunal Act 1975, application may be
made to the Administrative Appeals Tribunal for review of a decision of the
Secretary to refuse to authorise an establishment.
3B Employees to whom Registrar may delegate (Act s 59(3))
For subsection 59(3) of the Act, the Registrar may delegate all or any of the
Registrar’s powers or functions under the Act or these Regulations, to an
employee of the PBR office:
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Regulation 3C
(a) holding, or performing the duties of, the position of Examiner of Plant
Breeder’s Rights; or
(b) employed at any of the following levels:
(i) Executive level 1 or 2;
(ii) APS level 2, 3, 4, 5 or 6.
3C Employees to whom Minister’s powers may be subdelegated (Act s 59(4))
For subsection 59(4) of the Act, the class of employee to whom the Minister’s
powers or functions may be delegated is an employee employed at Executive
level 2.
3D Employees to whom Secretary’s powers may be subdelegated (Act s 59(4))
For subsection 59(4) of the Act, the class of employee to whom the Secretary’s
powers or functions may be delegated is an employee:
(a) holding, or performing the duties of, the position of Examiner of Plant
Breeder’s Rights; or
(b) employed at any of the following levels:
(i) Executive level 1 or 2;
(ii) APS level 2, 3, 4, 5 or 6.
3DA Service of documents
Service by post is a prescribed means by which a document may be served on, or
given or sent to, a person for the purposes of section 73 of the Act.
3E Period for doing certain acts—office not open for business
For subsection 76A(1) of the Act, the circumstance is that the act is done at:
(a) the PBR office; or
(b) the PBR sub-office;
that was not open for business.
Note: Subsection 76A(1) provides as follows:
‘(1) If the last day of a period provided by this Act (except this section) or the regulations
for doing an act is a day when the PBR office or a PBR sub-office is not open for
business, the act may be done in prescribed circumstances on the next day when the
office or sub-office is open for business.’.
3F Days when office not open for business
(1) For paragraph 76A(2)(a) of the Act, the days on which the PBR office or PBR
sub-office is not open for business are:
(a) Saturday; and
(b) Sunday; and
(c) Australia Day; and
(d) Anzac Day.
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2
3
4
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Regulation 3G
(2) For paragraph 76A(2)(b) of the Act, the table sets out prescribed persons.
Item Person
The Director General of IP Australia
The Deputy Director General of IP Australia
Another person who:
(a) is an SES employee of IP Australia; and
(b) acts with the agreement of the Director General of IP Australia
Another person who:
(a) is an SES employee of IP Australia; and
(b) acts with the agreement of the Deputy Director General of IP Australia
Another person who:
(a) is an SES employee of IP Australia; and
(b) acts with the agreement of another SES employee of IP Australia
Note: SES employee is explained in section 34 of the Public Service Act 1999. That meaning
is applied generally to Commonwealth legislation by section 2B of the Acts
Interpretation Act 1901.
(3) For paragraph 76A(2)(b) of the Act, the prescribed way of publishing a
declaration is in the Plant Varieties Journal.
3G Period for doing certain acts—acts to which section 76A does not apply
For subsection 76A(7) of the Act, an act done in relation to proceedings in a
court or a tribunal is prescribed.
4 Prescribed fees
The fee payable under subsection 80(2) of the Act for a matter set out in
Schedule 1 is the fee specified in Schedule 1 for that matter.
4A Approved means
(1) The Registrar may, by notice published by the Registrar, specify one or more
means for doing an action mentioned in Schedule 1.
Examples of actions
1 Making a request.
2 Lodging an application.
(2) The means may be an electronic means or any other means.
Note: The means become approved means when they are published.
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Regulation 5
5 Refund and remission of fees in specified circumstances
(1) If a person has paid, in respect of a matter, an amount greater than the prescribed
fee for the matter, the Secretary may refund to the person so much of the amount
as is excess to the fee.
(2) If a service in respect of which a person has paid a fee has not been provided, or
has been provided only in part, the Secretary may refund the fee, or so much of
the fee as is proportionate to the part of the service that has not been provided, as
appropriate.
(3) If a person to whom a refund could be made under subregulation (1) or (2)
agrees, the Secretary may remit, against a fee that the person subsequently
becomes liable to pay, an amount equal to the amount that could be refunded.
(4) The Secretary must give each person to whom subregulation (1) or (2) applies
written notice of:
(a) the Secretary’s decision whether to refund or remit an amount, a fee or part
of a fee (as the case may be); and
(b) if the decision is a refusal—the reasons for that decision.
(5) Subject to the Administrative Appeals Tribunal Act 1975, application may be
made to the Administrative Appeals Tribunal for review of a decision of the
Secretary:
(a) to refuse to refund:
(i) an amount paid in excess of a prescribed fee; or
(ii) a fee for a service that has not been provided; or
(iii) so much of a fee as is proportionate to the part of a service that has
not been provided; or
(b) to refuse to remit an amount equal to an amount that could be refunded
6 Application, saving and transitional provisions—Intellectual Property Laws
Amendment (Productivity Commission Response Part 1 and Other
Measures) Regulations 2018
Amendments made by Part 2 of Schedule 2
(1) The amendments of regulations 3A and 5 made by Part 2 of Schedule 2 to the
Intellectual Property Laws Amendment (Productivity Commission Response
Part 1 and Other Measures) Regulations 2018 apply in relation to notifications
occurring on or after the commencement of that Part.
Amendments made by Part 3 of Schedule 2
(2) The repeal of regulation 4A, and the amendment of items 4 and 15 of the table in
clause 1 of Schedule 1, made by Part 3 of Schedule 2 to the Intellectual Property
Laws Amendment (Productivity Commission Response Part 1 and Other
Measures) Regulations 2018 apply in relation to fees paid on or after the
commencement of that Part.
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Regulation 6
Amendments made by Part 11 of Schedule 2
(3) A thing done by, or in relation to, the Secretary under these Regulations before
the commencement of Part 11 of Schedule 2 to the Intellectual Property Laws
Amendment (Productivity Commission Response Part 1 and Other Measures)
Regulations 2018 has effect on and after that commencement as if it had been
done by, or in relation to, the Registrar.
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Schedule 1 Fees
Clause 1
Schedule 1—Fees Note: See regulation 4.
1 Table of fees
The following table sets out fees that are payable in relation to matters specified
in the table.
Item Act, service or occasion in respect of which fee is payable Fee
1A Designation of an approved person under section 8 $50
1B Renewal of designation of an approved person $50
1 On making a request under subsection 19(4), whether or not the request $500
includes a request under subsection 19(10)
2 On making a request for a certificate under subsection 19(11) $100
On lodgment of an application under section 26:
(a) fee paid by approved means; $345
(b) fee paid by another means $445
On lodgment of a detailed description under section 34 for:
(a) a variety tested under section 37 to establish that the variety is distinct,
uniform and stable:
(i) if the testing is conducted by an authorised establishment; $920
(ii) in any other case; $1 610
(b) a variety to which subsection 38(3), (4) or (5) applies; $1 610
(c) each of 2 or more varieties tested simultaneously at the same site in $1 380 Australia under section 37 to establish that the varieties are distinct,
uniform and stable, for which a complete application and detailed
description are lodged on the same day by the same approved person or
applicant or agent of the applicant under section 34
7 On lodgment of an objection under section 35 $100
8 On making a request for a copy of an application, an objection or a detailed $50
description under subsection 36(2)
9 On lodgment of an application for a declaration of essential derivation $800
under subsection 40(1)
10 Grant of PBR in a plant variety under section 44 $345
On lodgment of an application for:
(a) revocation of a PBR under subsection 50(8); or $500
(b) revocation of a declaration of essential derivation under $500 subsection 50(9)
12 On making a request for a copy of an entry in the register under $50
subsection 62(2)
12A On making a request for the supply of 4 or more documents relating to a $200 for each
single application for PBR in a plant variety or a single PBR in a plant request
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Fees Schedule 1
Clause 1
Item Act, service or occasion in respect of which fee is payable Fee
variety
For annual maintenance of a PBR—on each anniversary of the grant:
(a) fee paid by approved means; $345
(b) fee paid by another means $395
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Endnotes
Endnote 1—About the endnotes
Endnotes
Endnote 1—About the endnotes
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.
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Endnotes
Endnote 2—Abbreviation key
Endnote 2—Abbreviation key
ad = added or inserted o = order(s)
am = amended Ord = Ordinance
amdt = amendment orig = original
c = clause(s) par = paragraph(s)/subparagraph(s)
/sub-subparagraph(s)C[x] = Compilation No. x
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)
LIA = Legislative Instruments Act 2003 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
commenced or to be commencedNo. = Number(s)
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Endnotes
Endnote 3—Legislation history
Endnote 3—Legislation history
Number and year FRLI registration or Commencement Application, saving and
gazettal 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 —
(r 2(a)(v))
Sch 4 (Pt 2): 1 Oct 2012
(r 2(b))
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)
Sch 6 (item 9): 1 July 2017
(s 2(1) item 5)
—
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): awaiting
commencement (s 2(1)
items 2, 6, 7, 13)
Sch 2 (item 235): 17 Oct
2018 (s 2(1) item 14)
—
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Endnotes
Endnote 4—Amendment history
Endnote 4—Amendment history
Provision affected How affected
r 1 .................................................. rs No 83, 1999
am No 83, 1999; F2018L01435
rep F2018L01435
am F2016L01306
rep F2018L01435
am F2018L01435
r 2 .................................................. rep LA s 48D
r 3 .................................................. am No 290, 1995; No 66, 2012; F2016L01306; F2018L01435
r 3AA............................................. ad F2016L01754
r 3A ............................................... ad No 290, 1995
r 3BA............................................. ad F2018L01435
r 3BB............................................. ad F2018L01435
r 3B................................................ ad No 40, 2007
r 3C................................................ ad No 40, 2007
r 3D ............................................... ad No 40, 2007
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
r 4 .................................................. am F2016L01306
r 4 (second occurring).................... ad No 290, 1995
rep No 83, 1999
r 4A ............................................... ad No 66, 2012
r 5 .................................................. ad No 83, 1999
r 6 .................................................. ad F2018L01435
Schedule 1
Schedule heading........................... rs F2016L01306
renum F2016L01306
Schedule 1 heading........................ ad F2016L01306
(prev Schedule heading)
Schedule 1 ..................................... am F2016L01306; F2018L01435
Schedule ........................................ rs No 353, 1994
am No 290, 1995; No 355, 2006
rs No 66, 2012
Plant Breeder’s Rights Regulations 1994
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