Commonwealth Consolidated Acts

PLANT BREEDER'S RIGHTS ACT 1994 - SECT 17

  (1)   If:

  (a)   a person engaged in farming activities legitimately obtains propagating material of a plant variety covered by PBR either by purchase or by previous operation of this section, for use in such activities; and

  (b)   the plant variety is not included within a taxon declared under subsection   (2) to be a taxon to which this subsection does not apply; and

  (c)   the person subsequently harvests further propagating material from plants grown from that first - mentioned propagating material;

the PBR is not infringed by:

  (d)   the conditioning of so much of that further propagating material as is required for the person's use for reproductive purposes; or

  (e)   the reproduction of that further propagating material.

  (2)   The regulations may declare a particular taxon to be a taxon to which subsection   (1) does not apply.