Commonwealth Consolidated Acts

PLANT BREEDER'S RIGHTS ACT 1994 - SECT 80

  (1)   The Governor - General may make regulations prescribing all matters:

  (a)   required or permitted by this Act to be prescribed; or

  (b)   necessary or convenient to be prescribed for carrying out or giving effect to this Act.

  (2)   Without limiting subsection   (1), that subsection includes the power to make regulations:

  (a)   prescribing fees including:

  (i)   fees payable in respect of the making of applications for PBR, the examination of those applications and the issue of certificates in respect of the grant of PBR; and

  (ii)   fees payable in respect of the making of applications for declarations of essential derivation, the examination of those applications and the making of those declarations, including giving interested persons the opportunity to be heard in relation to applications for declarations under section   41D; and

  (iii)   fees payable by grantees of PBR at specified intervals or on specified dates; and

  (iv)   fees payable in respect of costs incurred by the Registrar in respect of the conduct or supervision of the test growing of plants; and

  (v)   different fees for lodging a document with, or giving a document to, the Registrar according to the means by which the document is lodged or given; and

  (vi)   different amounts of a fee according to the means by which the fee is paid;

    and, if the matter is not dealt with by another provision of this Act, specifying the time at which, or the circumstances in which, such fees are to be paid; and

  (b)   making provision in relation to the refund, in specified circumstances, of the whole or part of a fee paid under this Act; and

  (c)   making provision in relation to the remission of, or the exemption of specified classes of persons from the payment of, the whole or a part of a fee; and

  (d)   making provision in relation to the amendment of an entry in the Register to correct a clerical error or an obvious mistake, or for any other purpose; and

  (e)   making such transitional and saving provisions as are necessary or convenient as a result of the repeal of the Plant Variety Rights Act 1987 and the enactment of this Act.

Note:   For declarations of essential derivation, see sections   40 and 41D.

  (3)   A fee must be paid by a means determined in an instrument under subsection   80A(1).