{"id":"F1996B02512","name":"Plant Breeder's Rights Regulations 1994","slug":"plant-breeder-s-rights-regulations-1994","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"352 of 1994","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29245,"registerId":"commonwealth-F1996B02512-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of regulations","content":"#### 1 Name of regulations\n\n  These regulations are the Plant Breeder’s Rights Regulations 1994.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"#### 3 Interpretation\n\n  (1) In these Regulations, unless the contrary intention appears:\n\n> Act means the Plant Breeder’s Rights Act 1994.\n\n> authorised testing establishment means an establishment authorised under regulation 3A.\n\n> expedited dispatch means a means of supplying copies or documents that can reasonably be expected usually to be faster than ordinary post.\n\n  (2) In Schedule 1, a reference to a section or subsection, is a reference to that section or subsection of the Act.","sortOrder":2},{"sectionNumber":"3AA","sectionType":"section","heading":"Extension of Act to Norfolk Island","content":"#### 3AA Extension of Act to Norfolk Island\n\n  For the purposes of section 9B of the Act, this regulation prescribes that the Act extends to Norfolk Island.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Application for plant breeder’s right","content":"## Part 2—Application for plant breeder’s right","sortOrder":4},{"sectionNumber":"3A","sectionType":"section","heading":"Authorised testing establishment","content":"#### 3A Authorised testing establishment\n\n  (1) For the purposes of conducting a test growing of a plant variety under section 37 of the Act, the Registrar may authorise, in writing, an establishment to conduct the test growing.\n  (2) An establishment may be authorised only if the Registrar 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.\n  (3) The Registrar must notify the operator of the establishment of:\n    (a) the Registrar’s decision whether to authorise the establishment; and\n    (b) if the decision is a refusal—the reasons for that decision.\n  (4) Subject to the Administrative Review Tribunal Act 2024, application may be made to the Administrative Review Tribunal for review of a decision of the Registrar to refuse to authorise an establishment.","sortOrder":5},{"sectionNumber":"3BA","sectionType":"section","heading":"Essential derivation for non‑PBR protected varieties—publication of notification of application in Journal","content":"#### 3BA Essential derivation for non‑PBR protected varieties—publication of notification of application in Journal\n\n  For the purposes of subsection 41B(1) of the Act, a notification in the Plant Varieties Journal of an application under section 41A of the Act for a declaration of essential derivation must include the following information about the applicant and the application:\n    (a) a description of the initial variety and the second variety;\n    (b) details, as stated in the application, of:\n    (i) the eligible person (within the meaning of section 41A of the Act) making the application; and\n    (ii) any person (or persons) the applicant reasonably believes to be the breeder of the second variety;\n    (c) any other information about those plant varieties, or the application, that the Registrar considers appropriate to publish, other than information that the Registrar is satisfied is commercial‑in‑confidence;\n    (d) details of the opportunity for a person (an interested person) claiming to be the breeder of the second variety, or to have another interest in the second variety, to be heard in relation to the application under section 41C of the Act, including the requirement under subsection 41C(2) of the Act to give the Registrar an address for service;\n    (e) a statement to the effect that the Registrar may draw an inference in deciding the application that is unfavourable to an interested person’s interest if:\n    (i) the interested person does not provide an address for service, within the hearing period, under subsection 41C(2) of the Act; or\n    (ii) the interested person declines the opportunity to be heard under subsection 41C(6) of the Act.","sortOrder":6},{"sectionNumber":"3BB","sectionType":"section","heading":"Essential derivation for non‑PBR protected varieties—opportunity to be heard","content":"#### 3BB Essential derivation for non‑PBR protected varieties—opportunity to be heard\n\n  Scope\n  (1) This regulation is made for the purposes of subsection 41C(4) of the Act.\n  When information is given in accordance with an opportunity to be heard\n  (2) Information is given by an interested person in accordance with the person’s opportunity to be heard in relation to an application under section 41A of the Act for a declaration of essential derivation if:\n    (a) the person gives the information:\n    (i) in a written submission made in accordance with a request of the Registrar under paragraph (3)(a); or\n    (ii) in the course of a hearing convened by the Registrar under subregulation (4); and\n    (b) the person pays the fee (if any) prescribed under subsection 80(2) of the Act in relation to the opportunity to be heard; and\n    (c) the person complies with any other requirements under this regulation.\n  Notification to give written submissions or to appear at a hearing\n  (3) The Registrar must, unless the interested person declines the opportunity to be heard by giving notice to the Registrar under paragraph 41C(6)(a) of the Act, give a notification to the interested person including any or all of the following:\n    (a) a request to the interested person to give written submissions in relation to the application to the Registrar within a period, stated in the notification, of no less than 10 business days after the notification is given;\n    (b) a statement that, on request to the Registrar, a hearing may be convened in relation to the application, beginning at a place, at a time and on a date determined by the Registrar by a further notification (a hearing notice) to the person no less than 10 business days after the hearing notice is given;\n    (c) a statement (a hearing notice) that a hearing will be convened by the Registrar in relation to the application beginning at a notified time and place, and on a notified date no less than 10 business days after the notification is given.\n\n> Note: A hearing notice mentioned in paragraph (b) or (c) may include requirements for the interested person in relation to the hearing (see paragraph (5)(d) and subregulation (6)).\n\n  Hearings\n  (4) The Registrar may convene a hearing in relation to the application as mentioned in paragraph (3)(b) or (c).\n  (5) For the purposes of the hearing:\n    (a) the interested person may appear in person, or participate by telephone or another means of telecommunication reasonably allowed by the Registrar; and\n    (b) the Registrar may adjourn the hearing from time to time or from place to place by notice to each interested person taking part; and\n    (c) the interested person must, if directed by the Registrar in a hearing notice, provide a written summary of submissions to be made at the hearing; and\n    (d) the interested person must, if required by a hearing notice, take reasonable steps to do any of the following before or at the hearing:\n    (i) perform an act;\n    (ii) file a document;\n    (iii) produce evidence; and\n    (e) the interested person must comply with any reasonable directions of the Registrar in relation to practice and procedure during the hearing.\n  (6) The Registrar may include a requirement for the purposes of paragraph (5)(d) in a hearing notice only if the Registrar reasonably believes it is necessary for the proper conduct of the hearing.","sortOrder":7},{"sectionNumber":"Part 3","sectionType":"part","heading":"Administration","content":"## Part 3—Administration","sortOrder":8},{"sectionNumber":"3B","sectionType":"section","heading":"Employees to whom Registrar may delegate (Act s 59(3))","content":"#### 3B Employees to whom Registrar may delegate (Act s 59(3))\n\n  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:\n    (a) holding, or performing the duties of, the position of Examiner of Plant Breeder’s Rights; or\n    (b) employed at any of the following levels:\n    (i) Executive level 1 or 2;\n    (ii) APS level 2, 3, 4, 5 or 6.","sortOrder":9},{"sectionNumber":"3C","sectionType":"section","heading":"Employees to whom Minister’s powers may be subdelegated (Act s 59(4))","content":"#### 3C Employees to whom Minister’s powers may be subdelegated (Act s 59(4))\n\n  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.","sortOrder":10},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"## Part 1—Preliminary\n\n#### 1 Name of regulations\n\n  These regulations are the Plant Breeder’s Rights Regulations 1994.\n\n#### 3 Interpretation\n\n  (1) In these Regulations, unless the contrary intention appears:\n\n> Act means the Plant Breeder’s Rights Act 1994.\n\n> authorised testing establishment means an establishment authorised under regulation 3A.\n\n> expedited dispatch means a means of supplying copies or documents that can reasonably be expected usually to be faster than ordinary post.\n\n  (2) In Schedule 1, a reference to a section or subsection, is a reference to that section or subsection of the Act.\n\n#### 3AA Extension of Act to Norfolk Island\n\n  For the purposes of section 9B of the Act, this regulation prescribes that the Act extends to Norfolk Island.\n\n## Part 2—Application for plant breeder’s right\n\n#### 3A Authorised testing establishment\n\n  (1) For the purposes of conducting a test growing of a plant variety under section 37 of the Act, the Registrar may authorise, in writing, an establishment to conduct the test growing.\n  (2) An establishment may be authorised only if the Registrar 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.\n  (3) The Registrar must notify the operator of the establishment of:\n    (a) the Registrar’s decision whether to authorise the establishment; and\n    (b) if the decision is a refusal—the reasons for that decision.\n  (4) Subject to the Administrative Review Tribunal Act 2024, application may be made to the Administrative Review Tribunal for review of a decision of the Registrar to refuse to authorise an establishment.\n\n#### 3BA Essential derivation for non‑PBR protected varieties—publication of notification of application in Journal\n\n  For the purposes of subsection 41B(1) of the Act, a notification in the Plant Varieties Journal of an application under section 41A of the Act for a declaration of essential derivation must include the following information about the applicant and the application:\n    (a) a description of the initial variety and the second variety;\n    (b) details, as stated in the application, of:\n    (i) the eligible person (within the meaning of section 41A of the Act) making the application; and\n    (ii) any person (or persons) the applicant reasonably believes to be the breeder of the second variety;\n    (c) any other information about those plant varieties, or the application, that the Registrar considers appropriate to publish, other than information that the Registrar is satisfied is commercial‑in‑confidence;\n    (d) details of the opportunity for a person (an interested person) claiming to be the breeder of the second variety, or to have another interest in the second variety, to be heard in relation to the application under section 41C of the Act, including the requirement under subsection 41C(2) of the Act to give the Registrar an address for service;\n    (e) a statement to the effect that the Registrar may draw an inference in deciding the application that is unfavourable to an interested person’s interest if:\n    (i) the interested person does not provide an address for service, within the hearing period, under subsection 41C(2) of the Act; or\n    (ii) the interested person declines the opportunity to be heard under subsection 41C(6) of the Act.\n\n#### 3BB Essential derivation for non‑PBR protected varieties—opportunity to be heard\n\n  Scope\n  (1) This regulation is made for the purposes of subsection 41C(4) of the Act.\n  When information is given in accordance with an opportunity to be heard\n  (2) Information is given by an interested person in accordance with the person’s opportunity to be heard in relation to an application under section 41A of the Act for a declaration of essential derivation if:\n    (a) the person gives the information:\n    (i) in a written submission made in accordance with a request of the Registrar under paragraph (3)(a); or\n    (ii) in the course of a hearing convened by the Registrar under subregulation (4); and\n    (b) the person pays the fee (if any) prescribed under subsection 80(2) of the Act in relation to the opportunity to be heard; and\n    (c) the person complies with any other requirements under this regulation.\n  Notification to give written submissions or to appear at a hearing\n  (3) The Registrar must, unless the interested person declines the opportunity to be heard by giving notice to the Registrar under paragraph 41C(6)(a) of the Act, give a notification to the interested person including any or all of the following:\n    (a) a request to the interested person to give written submissions in relation to the application to the Registrar within a period, stated in the notification, of no less than 10 business days after the notification is given;\n    (b) a statement that, on request to the Registrar, a hearing may be convened in relation to the application, beginning at a place, at a time and on a date determined by the Registrar by a further notification (a hearing notice) to the person no less than 10 business days after the hearing notice is given;\n    (c) a statement (a hearing notice) that a hearing will be convened by the Registrar in relation to the application beginning at a notified time and place, and on a notified date no less than 10 business days after the notification is given.\n\n> Note: A hearing notice mentioned in paragraph (b) or (c) may include requirements for the interested person in relation to the hearing (see paragraph (5)(d) and subregulation (6)).\n\n  Hearings\n  (4) The Registrar may convene a hearing in relation to the application as mentioned in paragraph (3)(b) or (c).\n  (5) For the purposes of the hearing:\n    (a) the interested person may appear in person, or participate by telephone or another means of telecommunication reasonably allowed by the Registrar; and\n    (b) the Registrar may adjourn the hearing from time to time or from place to place by notice to each interested person taking part; and\n    (c) the interested person must, if directed by the Registrar in a hearing notice, provide a written summary of submissions to be made at the hearing; and\n    (d) the interested person must, if required by a hearing notice, take reasonable steps to do any of the following before or at the hearing:\n    (i) perform an act;\n    (ii) file a document;\n    (iii) produce evidence; and\n    (e) the interested person must comply with any reasonable directions of the Registrar in relation to practice and procedure during the hearing.\n  (6) The Registrar may include a requirement for the purposes of paragraph (5)(d) in a hearing notice only if the Registrar reasonably believes it is necessary for the proper conduct of the hearing.\n\n## Part 3—Administration\n\n#### 3B Employees to whom Registrar may delegate (Act s 59(3))\n\n  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:\n    (a) holding, or performing the duties of, the position of Examiner of Plant Breeder’s Rights; or\n    (b) employed at any of the following levels:\n    (i) Executive level 1 or 2;\n    (ii) APS level 2, 3, 4, 5 or 6.\n\n#### 3C Employees to whom Minister’s powers may be subdelegated (Act s 59(4))\n\n  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.\n\n## Part 4—Miscellaneous\n\n### Division 1—General provisions\n\n#### 3DA Service of documents\n\n  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.\n\n#### 3E Period for doing certain acts—office not open for business\n\n  For subsection 76A(1) of the Act, the circumstance is that the act is done at:\n    (a) the PBR office; or\n    (b) the PBR sub‑office;\n  that was not open for business.\n\n> Note: Subsection 76A(1) provides as follows:\n\n> Note: ‘(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.’.\n\n#### 3F Days when office not open for business\n\n  (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:\n    (a) Saturday; and\n    (b) Sunday; and\n    (c) Australia Day; and\n    (d) Anzac Day.\n  (2) For paragraph 76A(2)(b) of the Act, the table sets out prescribed persons.\n\n| Item | Person                                                                                                                                   |\n| ---- | ---------------------------------------------------------------------------------------------------------------------------------------- |\n| 1    | The Director General of IP Australia                                                                                                     |\n| 2    | The Deputy Director General of IP Australia                                                                                              |\n| 3    | Another person who:(a) is an SES employee of IP Australia; and(b) acts with the agreement of the Director General of IP Australia        |\n| 4    | 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 |\n| 5    | Another person who:(a) is an SES employee of IP Australia; and(b) acts with the agreement of another SES employee of IP Australia        |\n\n> 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.\n\n  (3) For paragraph 76A(2)(b) of the Act, the prescribed way of publishing a declaration is in the Plant Varieties Journal.\n\n#### 3G Period for doing certain acts—acts to which section 76A does not apply\n\n  For subsection 76A(7) of the Act, an act done in relation to proceedings in a court or a tribunal is prescribed.\n\n### Division 2—Fees\n\n#### 4 Schedule 1\n\n  Schedule 1 has effect.\n\n> Note: Schedule 1 prescribes fees, as mentioned in subsection 80(2) of the Act.\n\n#### 4AA Failure to pay: fees for requesting expedited dispatch\n\n  (1) This regulation applies if a request is made for a copy, or for the supply of documents, as mentioned in item 8, 12 or 12A of the table in clause 1 of Schedule 1.\n  (2) The Registrar must not supply the copy or documents by means of expedited dispatch unless:\n    (a) a request is made that the copy or document be supplied by means of expedited dispatch; and\n    (b) the fee mentioned in item 13 of that table for the request for expedited dispatch is paid.\n\n#### 4A Exemption from fees\n\n  The Registrar may exempt specified classes of persons from the payment of the whole or a part of a fee prescribed by Schedule 1 if the Registrar is reasonably satisfied that the exemption is justified, having regard to all the circumstances.\n\n#### 5 Refund and remission of fees in specified circumstances\n\n  (1) If a person has paid, in respect of a matter, an amount greater than the prescribed fee for the matter, the Registrar may refund to the person so much of the amount as is excess to the fee.\n  (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 Registrar 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.\n  (3) If a person to whom a refund could be made under subregulation (1) or (2) agrees, the Registrar may remit, against a fee that the person subsequently becomes liable to pay, an amount equal to the amount that could be refunded.\n  (4) The Registrar must notify each person to whom subregulation (1) or (2) applies of:\n    (a) the Registrar’s decision whether to refund or remit an amount, a fee or part of a fee (as the case may be); and\n    (b) if the decision is a refusal—the reasons for that decision.\n  (5) Subject to the Administrative Review Tribunal Act 2024, application may be made to the Administrative Review Tribunal for review of a decision of the Registrar:\n    (a) to refuse to refund:\n    (i) an amount paid in excess of a prescribed fee; or\n    (ii) a fee for a service that has not been provided; or\n    (iii) so much of a fee as is proportionate to the part of a service that has not been provided; or\n    (b) to refuse to remit an amount equal to an amount that could be refunded\n\n## Part 5—Application, transitional and saving provisions\n\n#### 6 Application, saving and transitional provisions—Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Regulations 2018\n\n  Amendments made by Part 2 of Schedule 2\n  (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.\n  Amendments made by Part 3 of Schedule 2\n  (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.\n  Amendments made by Part 11 of Schedule 2\n  (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.","sortOrder":11},{"sectionNumber":"Division 1","sectionType":"division","heading":"General provisions","content":"## Part 1—Preliminary\n\n#### 1 Name of regulations\n\n  These regulations are the Plant Breeder’s Rights Regulations 1994.\n\n#### 3 Interpretation\n\n  (1) In these Regulations, unless the contrary intention appears:\n\n> Act means the Plant Breeder’s Rights Act 1994.\n\n> authorised testing establishment means an establishment authorised under regulation 3A.\n\n> expedited dispatch means a means of supplying copies or documents that can reasonably be expected usually to be faster than ordinary post.\n\n  (2) In Schedule 1, a reference to a section or subsection, is a reference to that section or subsection of the Act.\n\n#### 3AA Extension of Act to Norfolk Island\n\n  For the purposes of section 9B of the Act, this regulation prescribes that the Act extends to Norfolk Island.\n\n## Part 2—Application for plant breeder’s right\n\n#### 3A Authorised testing establishment\n\n  (1) For the purposes of conducting a test growing of a plant variety under section 37 of the Act, the Registrar may authorise, in writing, an establishment to conduct the test growing.\n  (2) An establishment may be authorised only if the Registrar 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.\n  (3) The Registrar must notify the operator of the establishment of:\n    (a) the Registrar’s decision whether to authorise the establishment; and\n    (b) if the decision is a refusal—the reasons for that decision.\n  (4) Subject to the Administrative Review Tribunal Act 2024, application may be made to the Administrative Review Tribunal for review of a decision of the Registrar to refuse to authorise an establishment.\n\n#### 3BA Essential derivation for non‑PBR protected varieties—publication of notification of application in Journal\n\n  For the purposes of subsection 41B(1) of the Act, a notification in the Plant Varieties Journal of an application under section 41A of the Act for a declaration of essential derivation must include the following information about the applicant and the application:\n    (a) a description of the initial variety and the second variety;\n    (b) details, as stated in the application, of:\n    (i) the eligible person (within the meaning of section 41A of the Act) making the application; and\n    (ii) any person (or persons) the applicant reasonably believes to be the breeder of the second variety;\n    (c) any other information about those plant varieties, or the application, that the Registrar considers appropriate to publish, other than information that the Registrar is satisfied is commercial‑in‑confidence;\n    (d) details of the opportunity for a person (an interested person) claiming to be the breeder of the second variety, or to have another interest in the second variety, to be heard in relation to the application under section 41C of the Act, including the requirement under subsection 41C(2) of the Act to give the Registrar an address for service;\n    (e) a statement to the effect that the Registrar may draw an inference in deciding the application that is unfavourable to an interested person’s interest if:\n    (i) the interested person does not provide an address for service, within the hearing period, under subsection 41C(2) of the Act; or\n    (ii) the interested person declines the opportunity to be heard under subsection 41C(6) of the Act.\n\n#### 3BB Essential derivation for non‑PBR protected varieties—opportunity to be heard\n\n  Scope\n  (1) This regulation is made for the purposes of subsection 41C(4) of the Act.\n  When information is given in accordance with an opportunity to be heard\n  (2) Information is given by an interested person in accordance with the person’s opportunity to be heard in relation to an application under section 41A of the Act for a declaration of essential derivation if:\n    (a) the person gives the information:\n    (i) in a written submission made in accordance with a request of the Registrar under paragraph (3)(a); or\n    (ii) in the course of a hearing convened by the Registrar under subregulation (4); and\n    (b) the person pays the fee (if any) prescribed under subsection 80(2) of the Act in relation to the opportunity to be heard; and\n    (c) the person complies with any other requirements under this regulation.\n  Notification to give written submissions or to appear at a hearing\n  (3) The Registrar must, unless the interested person declines the opportunity to be heard by giving notice to the Registrar under paragraph 41C(6)(a) of the Act, give a notification to the interested person including any or all of the following:\n    (a) a request to the interested person to give written submissions in relation to the application to the Registrar within a period, stated in the notification, of no less than 10 business days after the notification is given;\n    (b) a statement that, on request to the Registrar, a hearing may be convened in relation to the application, beginning at a place, at a time and on a date determined by the Registrar by a further notification (a hearing notice) to the person no less than 10 business days after the hearing notice is given;\n    (c) a statement (a hearing notice) that a hearing will be convened by the Registrar in relation to the application beginning at a notified time and place, and on a notified date no less than 10 business days after the notification is given.\n\n> Note: A hearing notice mentioned in paragraph (b) or (c) may include requirements for the interested person in relation to the hearing (see paragraph (5)(d) and subregulation (6)).\n\n  Hearings\n  (4) The Registrar may convene a hearing in relation to the application as mentioned in paragraph (3)(b) or (c).\n  (5) For the purposes of the hearing:\n    (a) the interested person may appear in person, or participate by telephone or another means of telecommunication reasonably allowed by the Registrar; and\n    (b) the Registrar may adjourn the hearing from time to time or from place to place by notice to each interested person taking part; and\n    (c) the interested person must, if directed by the Registrar in a hearing notice, provide a written summary of submissions to be made at the hearing; and\n    (d) the interested person must, if required by a hearing notice, take reasonable steps to do any of the following before or at the hearing:\n    (i) perform an act;\n    (ii) file a document;\n    (iii) produce evidence; and\n    (e) the interested person must comply with any reasonable directions of the Registrar in relation to practice and procedure during the hearing.\n  (6) The Registrar may include a requirement for the purposes of paragraph (5)(d) in a hearing notice only if the Registrar reasonably believes it is necessary for the proper conduct of the hearing.\n\n## Part 3—Administration\n\n#### 3B Employees to whom Registrar may delegate (Act s 59(3))\n\n  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:\n    (a) holding, or performing the duties of, the position of Examiner of Plant Breeder’s Rights; or\n    (b) employed at any of the following levels:\n    (i) Executive level 1 or 2;\n    (ii) APS level 2, 3, 4, 5 or 6.\n\n#### 3C Employees to whom Minister’s powers may be subdelegated (Act s 59(4))\n\n  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.\n\n## Part 4—Miscellaneous\n\n### Division 1—General provisions\n\n#### 3DA Service of documents\n\n  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.\n\n#### 3E Period for doing certain acts—office not open for business\n\n  For subsection 76A(1) of the Act, the circumstance is that the act is done at:\n    (a) the PBR office; or\n    (b) the PBR sub‑office;\n  that was not open for business.\n\n> Note: Subsection 76A(1) provides as follows:\n\n> Note: ‘(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.’.\n\n#### 3F Days when office not open for business\n\n  (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:\n    (a) Saturday; and\n    (b) Sunday; and\n    (c) Australia Day; and\n    (d) Anzac Day.\n  (2) For paragraph 76A(2)(b) of the Act, the table sets out prescribed persons.\n\n| Item | Person                                                                                                                                   |\n| ---- | ---------------------------------------------------------------------------------------------------------------------------------------- |\n| 1    | The Director General of IP Australia                                                                                                     |\n| 2    | The Deputy Director General of IP Australia                                                                                              |\n| 3    | Another person who:(a) is an SES employee of IP Australia; and(b) acts with the agreement of the Director General of IP Australia        |\n| 4    | 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 |\n| 5    | Another person who:(a) is an SES employee of IP Australia; and(b) acts with the agreement of another SES employee of IP Australia        |\n\n> 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.\n\n  (3) For paragraph 76A(2)(b) of the Act, the prescribed way of publishing a declaration is in the Plant Varieties Journal.\n\n#### 3G Period for doing certain acts—acts to which section 76A does not apply\n\n  For subsection 76A(7) of the Act, an act done in relation to proceedings in a court or a tribunal is prescribed.\n\n### Division 2—Fees\n\n#### 4 Schedule 1\n\n  Schedule 1 has effect.\n\n> Note: Schedule 1 prescribes fees, as mentioned in subsection 80(2) of the Act.\n\n#### 4AA Failure to pay: fees for requesting expedited dispatch\n\n  (1) This regulation applies if a request is made for a copy, or for the supply of documents, as mentioned in item 8, 12 or 12A of the table in clause 1 of Schedule 1.\n  (2) The Registrar must not supply the copy or documents by means of expedited dispatch unless:\n    (a) a request is made that the copy or document be supplied by means of expedited dispatch; and\n    (b) the fee mentioned in item 13 of that table for the request for expedited dispatch is paid.\n\n#### 4A Exemption from fees\n\n  The Registrar may exempt specified classes of persons from the payment of the whole or a part of a fee prescribed by Schedule 1 if the Registrar is reasonably satisfied that the exemption is justified, having regard to all the circumstances.\n\n#### 5 Refund and remission of fees in specified circumstances\n\n  (1) If a person has paid, in respect of a matter, an amount greater than the prescribed fee for the matter, the Registrar may refund to the person so much of the amount as is excess to the fee.\n  (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 Registrar 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.\n  (3) If a person to whom a refund could be made under subregulation (1) or (2) agrees, the Registrar may remit, against a fee that the person subsequently becomes liable to pay, an amount equal to the amount that could be refunded.\n  (4) The Registrar must notify each person to whom subregulation (1) or (2) applies of:\n    (a) the Registrar’s decision whether to refund or remit an amount, a fee or part of a fee (as the case may be); and\n    (b) if the decision is a refusal—the reasons for that decision.\n  (5) Subject to the Administrative Review Tribunal Act 2024, application may be made to the Administrative Review Tribunal for review of a decision of the Registrar:\n    (a) to refuse to refund:\n    (i) an amount paid in excess of a prescribed fee; or\n    (ii) a fee for a service that has not been provided; or\n    (iii) so much of a fee as is proportionate to the part of a service that has not been provided; or\n    (b) to refuse to remit an amount equal to an amount that could be refunded\n\n## Part 5—Application, transitional and saving provisions\n\n#### 6 Application, saving and transitional provisions—Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Regulations 2018\n\n  Amendments made by Part 2 of Schedule 2\n  (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.\n  Amendments made by Part 3 of Schedule 2\n  (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.\n  Amendments made by Part 11 of Schedule 2\n  (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.","sortOrder":12},{"sectionNumber":"3DA","sectionType":"section","heading":"Service of documents","content":"#### 3DA Service of documents\n\n  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.","sortOrder":13},{"sectionNumber":"3E","sectionType":"section","heading":"Period for doing certain acts—office not open for business","content":"#### 3E Period for doing certain acts—office not open for business\n\n  For subsection 76A(1) of the Act, the circumstance is that the act is done at:\n    (a) the PBR office; or\n    (b) the PBR sub‑office;\n  that was not open for business.\n\n> Note: Subsection 76A(1) provides as follows:\n\n> Note: ‘(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.’.","sortOrder":14},{"sectionNumber":"3F","sectionType":"section","heading":"Days when office not open for business","content":"#### 3F Days when office not open for business\n\n  (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:\n    (a) Saturday; and\n    (b) Sunday; and\n    (c) Australia Day; and\n    (d) Anzac Day.\n  (2) For paragraph 76A(2)(b) of the Act, the table sets out prescribed persons.\n\n| Item | Person                                                                                                                                   |\n| ---- | ---------------------------------------------------------------------------------------------------------------------------------------- |\n| 1    | The Director General of IP Australia                                                                                                     |\n| 2    | The Deputy Director General of IP Australia                                                                                              |\n| 3    | Another person who:(a) is an SES employee of IP Australia; and(b) acts with the agreement of the Director General of IP Australia        |\n| 4    | 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 |\n| 5    | Another person who:(a) is an SES employee of IP Australia; and(b) acts with the agreement of another SES employee of IP Australia        |\n\n> 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.\n\n  (3) For paragraph 76A(2)(b) of the Act, the prescribed way of publishing a declaration is in the Plant Varieties Journal.","sortOrder":15},{"sectionNumber":"3G","sectionType":"section","heading":"Period for doing certain acts—acts to which section 76A does not apply","content":"#### 3G Period for doing certain acts—acts to which section 76A does not apply\n\n  For subsection 76A(7) of the Act, an act done in relation to proceedings in a court or a tribunal is prescribed.","sortOrder":16},{"sectionNumber":"Division 2","sectionType":"division","heading":"Fees","content":"## Part 1—Preliminary\n\n#### 1 Name of regulations\n\n  These regulations are the Plant Breeder’s Rights Regulations 1994.\n\n#### 3 Interpretation\n\n  (1) In these Regulations, unless the contrary intention appears:\n\n> Act means the Plant Breeder’s Rights Act 1994.\n\n> authorised testing establishment means an establishment authorised under regulation 3A.\n\n> expedited dispatch means a means of supplying copies or documents that can reasonably be expected usually to be faster than ordinary post.\n\n  (2) In Schedule 1, a reference to a section or subsection, is a reference to that section or subsection of the Act.\n\n#### 3AA Extension of Act to Norfolk Island\n\n  For the purposes of section 9B of the Act, this regulation prescribes that the Act extends to Norfolk Island.\n\n## Part 2—Application for plant breeder’s right\n\n#### 3A Authorised testing establishment\n\n  (1) For the purposes of conducting a test growing of a plant variety under section 37 of the Act, the Registrar may authorise, in writing, an establishment to conduct the test growing.\n  (2) An establishment may be authorised only if the Registrar 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.\n  (3) The Registrar must notify the operator of the establishment of:\n    (a) the Registrar’s decision whether to authorise the establishment; and\n    (b) if the decision is a refusal—the reasons for that decision.\n  (4) Subject to the Administrative Review Tribunal Act 2024, application may be made to the Administrative Review Tribunal for review of a decision of the Registrar to refuse to authorise an establishment.\n\n#### 3BA Essential derivation for non‑PBR protected varieties—publication of notification of application in Journal\n\n  For the purposes of subsection 41B(1) of the Act, a notification in the Plant Varieties Journal of an application under section 41A of the Act for a declaration of essential derivation must include the following information about the applicant and the application:\n    (a) a description of the initial variety and the second variety;\n    (b) details, as stated in the application, of:\n    (i) the eligible person (within the meaning of section 41A of the Act) making the application; and\n    (ii) any person (or persons) the applicant reasonably believes to be the breeder of the second variety;\n    (c) any other information about those plant varieties, or the application, that the Registrar considers appropriate to publish, other than information that the Registrar is satisfied is commercial‑in‑confidence;\n    (d) details of the opportunity for a person (an interested person) claiming to be the breeder of the second variety, or to have another interest in the second variety, to be heard in relation to the application under section 41C of the Act, including the requirement under subsection 41C(2) of the Act to give the Registrar an address for service;\n    (e) a statement to the effect that the Registrar may draw an inference in deciding the application that is unfavourable to an interested person’s interest if:\n    (i) the interested person does not provide an address for service, within the hearing period, under subsection 41C(2) of the Act; or\n    (ii) the interested person declines the opportunity to be heard under subsection 41C(6) of the Act.\n\n#### 3BB Essential derivation for non‑PBR protected varieties—opportunity to be heard\n\n  Scope\n  (1) This regulation is made for the purposes of subsection 41C(4) of the Act.\n  When information is given in accordance with an opportunity to be heard\n  (2) Information is given by an interested person in accordance with the person’s opportunity to be heard in relation to an application under section 41A of the Act for a declaration of essential derivation if:\n    (a) the person gives the information:\n    (i) in a written submission made in accordance with a request of the Registrar under paragraph (3)(a); or\n    (ii) in the course of a hearing convened by the Registrar under subregulation (4); and\n    (b) the person pays the fee (if any) prescribed under subsection 80(2) of the Act in relation to the opportunity to be heard; and\n    (c) the person complies with any other requirements under this regulation.\n  Notification to give written submissions or to appear at a hearing\n  (3) The Registrar must, unless the interested person declines the opportunity to be heard by giving notice to the Registrar under paragraph 41C(6)(a) of the Act, give a notification to the interested person including any or all of the following:\n    (a) a request to the interested person to give written submissions in relation to the application to the Registrar within a period, stated in the notification, of no less than 10 business days after the notification is given;\n    (b) a statement that, on request to the Registrar, a hearing may be convened in relation to the application, beginning at a place, at a time and on a date determined by the Registrar by a further notification (a hearing notice) to the person no less than 10 business days after the hearing notice is given;\n    (c) a statement (a hearing notice) that a hearing will be convened by the Registrar in relation to the application beginning at a notified time and place, and on a notified date no less than 10 business days after the notification is given.\n\n> Note: A hearing notice mentioned in paragraph (b) or (c) may include requirements for the interested person in relation to the hearing (see paragraph (5)(d) and subregulation (6)).\n\n  Hearings\n  (4) The Registrar may convene a hearing in relation to the application as mentioned in paragraph (3)(b) or (c).\n  (5) For the purposes of the hearing:\n    (a) the interested person may appear in person, or participate by telephone or another means of telecommunication reasonably allowed by the Registrar; and\n    (b) the Registrar may adjourn the hearing from time to time or from place to place by notice to each interested person taking part; and\n    (c) the interested person must, if directed by the Registrar in a hearing notice, provide a written summary of submissions to be made at the hearing; and\n    (d) the interested person must, if required by a hearing notice, take reasonable steps to do any of the following before or at the hearing:\n    (i) perform an act;\n    (ii) file a document;\n    (iii) produce evidence; and\n    (e) the interested person must comply with any reasonable directions of the Registrar in relation to practice and procedure during the hearing.\n  (6) The Registrar may include a requirement for the purposes of paragraph (5)(d) in a hearing notice only if the Registrar reasonably believes it is necessary for the proper conduct of the hearing.\n\n## Part 3—Administration\n\n#### 3B Employees to whom Registrar may delegate (Act s 59(3))\n\n  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:\n    (a) holding, or performing the duties of, the position of Examiner of Plant Breeder’s Rights; or\n    (b) employed at any of the following levels:\n    (i) Executive level 1 or 2;\n    (ii) APS level 2, 3, 4, 5 or 6.\n\n#### 3C Employees to whom Minister’s powers may be subdelegated (Act s 59(4))\n\n  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.\n\n## Part 4—Miscellaneous\n\n### Division 1—General provisions\n\n#### 3DA Service of documents\n\n  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.\n\n#### 3E Period for doing certain acts—office not open for business\n\n  For subsection 76A(1) of the Act, the circumstance is that the act is done at:\n    (a) the PBR office; or\n    (b) the PBR sub‑office;\n  that was not open for business.\n\n> Note: Subsection 76A(1) provides as follows:\n\n> Note: ‘(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.’.\n\n#### 3F Days when office not open for business\n\n  (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:\n    (a) Saturday; and\n    (b) Sunday; and\n    (c) Australia Day; and\n    (d) Anzac Day.\n  (2) For paragraph 76A(2)(b) of the Act, the table sets out prescribed persons.\n\n| Item | Person                                                                                                                                   |\n| ---- | ---------------------------------------------------------------------------------------------------------------------------------------- |\n| 1    | The Director General of IP Australia                                                                                                     |\n| 2    | The Deputy Director General of IP Australia                                                                                              |\n| 3    | Another person who:(a) is an SES employee of IP Australia; and(b) acts with the agreement of the Director General of IP Australia        |\n| 4    | 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 |\n| 5    | Another person who:(a) is an SES employee of IP Australia; and(b) acts with the agreement of another SES employee of IP Australia        |\n\n> 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.\n\n  (3) For paragraph 76A(2)(b) of the Act, the prescribed way of publishing a declaration is in the Plant Varieties Journal.\n\n#### 3G Period for doing certain acts—acts to which section 76A does not apply\n\n  For subsection 76A(7) of the Act, an act done in relation to proceedings in a court or a tribunal is prescribed.\n\n### Division 2—Fees\n\n#### 4 Schedule 1\n\n  Schedule 1 has effect.\n\n> Note: Schedule 1 prescribes fees, as mentioned in subsection 80(2) of the Act.\n\n#### 4AA Failure to pay: fees for requesting expedited dispatch\n\n  (1) This regulation applies if a request is made for a copy, or for the supply of documents, as mentioned in item 8, 12 or 12A of the table in clause 1 of Schedule 1.\n  (2) The Registrar must not supply the copy or documents by means of expedited dispatch unless:\n    (a) a request is made that the copy or document be supplied by means of expedited dispatch; and\n    (b) the fee mentioned in item 13 of that table for the request for expedited dispatch is paid.\n\n#### 4A Exemption from fees\n\n  The Registrar may exempt specified classes of persons from the payment of the whole or a part of a fee prescribed by Schedule 1 if the Registrar is reasonably satisfied that the exemption is justified, having regard to all the circumstances.\n\n#### 5 Refund and remission of fees in specified circumstances\n\n  (1) If a person has paid, in respect of a matter, an amount greater than the prescribed fee for the matter, the Registrar may refund to the person so much of the amount as is excess to the fee.\n  (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 Registrar 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.\n  (3) If a person to whom a refund could be made under subregulation (1) or (2) agrees, the Registrar may remit, against a fee that the person subsequently becomes liable to pay, an amount equal to the amount that could be refunded.\n  (4) The Registrar must notify each person to whom subregulation (1) or (2) applies of:\n    (a) the Registrar’s decision whether to refund or remit an amount, a fee or part of a fee (as the case may be); and\n    (b) if the decision is a refusal—the reasons for that decision.\n  (5) Subject to the Administrative Review Tribunal Act 2024, application may be made to the Administrative Review Tribunal for review of a decision of the Registrar:\n    (a) to refuse to refund:\n    (i) an amount paid in excess of a prescribed fee; or\n    (ii) a fee for a service that has not been provided; or\n    (iii) so much of a fee as is proportionate to the part of a service that has not been provided; or\n    (b) to refuse to remit an amount equal to an amount that could be refunded\n\n## Part 5—Application, transitional and saving provisions\n\n#### 6 Application, saving and transitional provisions—Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Regulations 2018\n\n  Amendments made by Part 2 of Schedule 2\n  (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.\n  Amendments made by Part 3 of Schedule 2\n  (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.\n  Amendments made by Part 11 of Schedule 2\n  (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.","sortOrder":17},{"sectionNumber":"4","sectionType":"section","heading":"Schedule 1","content":"#### 4 Schedule 1\n\n  Schedule 1 has effect.\n\n> Note: Schedule 1 prescribes fees, as mentioned in subsection 80(2) of the Act.","sortOrder":18},{"sectionNumber":"4AA","sectionType":"section","heading":"Failure to pay: fees for requesting expedited dispatch","content":"#### 4AA Failure to pay: fees for requesting expedited dispatch\n\n  (1) This regulation applies if a request is made for a copy, or for the supply of documents, as mentioned in item 8, 12 or 12A of the table in clause 1 of Schedule 1.\n  (2) The Registrar must not supply the copy or documents by means of expedited dispatch unless:\n    (a) a request is made that the copy or document be supplied by means of expedited dispatch; and\n    (b) the fee mentioned in item 13 of that table for the request for expedited dispatch is paid.","sortOrder":19},{"sectionNumber":"4A","sectionType":"section","heading":"Exemption from fees","content":"#### 4A Exemption from fees\n\n  The Registrar may exempt specified classes of persons from the payment of the whole or a part of a fee prescribed by Schedule 1 if the Registrar is reasonably satisfied that the exemption is justified, having regard to all the circumstances.","sortOrder":20},{"sectionNumber":"5","sectionType":"section","heading":"Refund and remission of fees in specified circumstances","content":"#### 5 Refund and remission of fees in specified circumstances\n\n  (1) If a person has paid, in respect of a matter, an amount greater than the prescribed fee for the matter, the Registrar may refund to the person so much of the amount as is excess to the fee.\n  (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 Registrar 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.\n  (3) If a person to whom a refund could be made under subregulation (1) or (2) agrees, the Registrar may remit, against a fee that the person subsequently becomes liable to pay, an amount equal to the amount that could be refunded.\n  (4) The Registrar must notify each person to whom subregulation (1) or (2) applies of:\n    (a) the Registrar’s decision whether to refund or remit an amount, a fee or part of a fee (as the case may be); and\n    (b) if the decision is a refusal—the reasons for that decision.\n  (5) Subject to the Administrative Review Tribunal Act 2024, application may be made to the Administrative Review Tribunal for review of a decision of the Registrar:\n    (a) to refuse to refund:\n    (i) an amount paid in excess of a prescribed fee; or\n    (ii) a fee for a service that has not been provided; or\n    (iii) so much of a fee as is proportionate to the part of a service that has not been provided; or\n    (b) to refuse to remit an amount equal to an amount that could be refunded","sortOrder":21},{"sectionNumber":"Part 5","sectionType":"part","heading":"Application, transitional and saving provisions","content":"## Part 5—Application, transitional and saving provisions","sortOrder":22},{"sectionNumber":"6","sectionType":"section","heading":"Application, saving and transitional provisions—Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Regulations 2018","content":"#### 6 Application, saving and transitional provisions—Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Regulations 2018\n\n  Amendments made by Part 2 of Schedule 2\n  (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.\n  Amendments made by Part 3 of Schedule 2\n  (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.\n  Amendments made by Part 11 of Schedule 2\n  (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.","sortOrder":23}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"These Regulations are implementing and procedural: they set out how the substantive Plant Breeder’s Rights Act is to operate in practice (authorisations for testing, publication and hearing procedures, fees, delegations, service and timing rules). The text does not expand the substantive scope of PBR protections beyond the Act; it mainly refines administration, fee levels and procedural mechanics (including extending the Act to Norfolk Island and specifying delegated classes and fee items). Transitional clauses record later administrative amendments but do not materially broaden the statutory subject‑matter covered by the Act."},"complexity_factors":["Multiple cross‑references to the Plant Breeder’s Rights Act 1994 and to other instruments (Administrative Review Tribunal Act 2024; Intellectual Property Laws Amendment Regulations 2018)","Several procedural regulations with conditional steps and minimum notice periods (notably reg 3BB: notification → written submissions or hearing → possible directions)","Discretionary powers vested in the Registrar (publication redaction, fee exemption, refunds/remission) with limited but specified review rights (regs 3A, 3BA, 4A, 5)","Delegation and sub‑delegation rules that list specific APS and Executive levels (reg 3B, 3C)","Schedule 1 fee table with multiple line items (around 15–20 fee items covering application, testing, copies, essential derivation, maintenance, expedited dispatch)","Nested exceptions and timing rules for periods when the PBR office is closed, including specified persons who may act on closed days (regs 3E, 3F)","Publication and confidentiality discretion (reg 3BA) creates conditional logic about what is public or commercial‑in‑confidence","Transitional provisions referencing staged amendments and differing commencement/fee application dates (reg 6)"],"plain_english_summary":"**What these regulations do (mechanics first)**\n\n- They set out the detailed administrative and procedural rules needed to operate the Plant Breeder’s Rights (PBR) system established by the Plant Breeder’s Rights Act 1994. The Regulations do not create new substantive rights in plants; they provide how the Act is to be applied in practice.\n\n- Key operational rules include:\n  - Definitions used in the Regulations (for example, what counts as an \"authorised testing establishment\" and what is \"expedited dispatch\"). (Reg 3)\n  - The Act applies to Norfolk Island. (Reg 3AA)\n  - How an establishment may be authorised to carry out official test‑growing of varieties (the Registrar authorises in writing, must be satisfied of capability, and must give reasons for refusal; refusals are reviewable). (Reg 3A)\n  - What must be published in the Plant Varieties Journal when someone applies for a declaration of \"essential derivation\" for a variety that is not PBR‑protected (description of varieties, identity of applicant, persons believed to be breeders, opportunity to be heard, and a warning that a non‑response can be taken against an interested person). (Reg 3BA)\n  - How an interested person may be given an opportunity to be heard about an essential‑derivation application (written submissions or a hearing, minimum notice periods, procedure for hearings, ability to participate remotely, and requirements the Registrar may impose). (Reg 3BB)\n  - Delegation rules: which PBR office employees the Registrar may delegate powers to, and which employees the Minister may sub‑delegate to. This lists positions and APS/Executive levels. (Regs 3B, 3C)\n  - Practical service and timing rules: service by post is a prescribed method; what happens when the PBR office is not open (which days are not open); and certain acts (court/tribunal proceedings) where time‑extension rules do not apply. (Regs 3DA, 3E, 3F, 3G)\n  - Fees: a Schedule sets specific fees for core PBR transactions (application lodgment, detailed descriptions, testing, objections, copies, essential‑derivation applications, annual maintenance, etc.). It also requires payment for expedited dispatch and provides for refunds, remissions and discretionary fee exemptions by the Registrar. (Schedule 1; Regs 4AA/4A/5)\n  - Transitional and saving rules for certain amendments made by later IP Regulations. (Reg 6)\n\n**Who this affects**\n\n- Plant breeders, applicants and approved persons: they pay the application and maintenance fees, must meet procedural requirements (lodging detailed descriptions, paying fees, supplying addresses for service), and may be subject to test‑growing at authorised establishments. (Schedule 1; Regs 3A, 3BA)\n\n- Testing establishments and operators: must be authorised by the Registrar to conduct official test growing and must meet whatever capability standard the Registrar requires. (Reg 3A)\n\n- Interested persons (people who claim to be breeder of a second variety or otherwise have an interest): they must observe notice periods, may need to provide an address for service, can make written submissions or request/attend a hearing, and may be subject to an adverse inference if they do not participate. (Regs 3BA, 3BB)\n\n- IP Australia / PBR office staff and the Registrar: are given procedural powers, discretion over publication and fee exemptions, and ability to delegate decisions within defined employee classes. (Regs 3B, 3C, 3BA, 4A)\n\n**Why it matters (practical effects, incentives and costs)**\n\n- Costs to applicants and third parties are explicit and predictable: the fee table (Schedule 1) sets fixed charges for core steps. Examples: application lodgment $400 (preferred)–$600 (other means); detailed description/testing fees $1,400–$2,000 depending on circumstances (items 4, 6); essential derivation application $850 (item 9); annual maintenance $600–$650 (item 15). These are direct monetary costs paid by breeders or applicants.\n\n- Procedural burden and timing: interested persons who want to preserve their position in essential‑derivation proceedings must respond within specified windows (written submissions within at least 10 business days, or request/attend hearings given at least 10 business days’ notice). Failure to engage can be treated unfavourably by the Registrar (Reg 3BA(e), Reg 3BB(3)). This creates a small‑ but real compliance and attention cost for affected parties.\n\n- Administrative discretion and operational risk: the Registrar has several discretionary powers—authorising testing establishments (Reg 3A), deciding what additional information to publish or withhold as commercial‑in‑confidence (Reg 3BA(c)), granting fee exemptions (Reg 4A) and remitting or refunding fees (Reg 5). Those discretions speed administration but concentrate decision‑making power in the office of the Registrar and in delegated staff (Regs 3B, 3C). The Regulations provide internal review routes for some refusals (application to the Administrative Review Tribunal where stated), which limits but does not eliminate discretionary risk.\n\n- Access to testing: test‑growing must normally be done at an authorised establishment (Reg 3A). That means supply of official testing capacity is subject to the Registrar’s authorisation policy and the physical availability of authorised sites — potentially a constraint in specialised crops or in remote locations.\n\n- Information effects: publication requirements for essential‑derivation applications disclose variety identities and applicant details unless the Registrar accepts information is commercial‑in‑confidence (Reg 3BA). Publication can affect reputations, contractual positions and subsequent commercial behaviour because market participants will see who is asserting rights or challenging derivation.\n\n**Trade‑offs and implementation points to watch**\n\n- Who pays and who benefits: breeders and applicants bear most direct costs (fees, testing costs, compliance). The public administration (IP Australia) receives fees and exercises operational decision‑making. The Regulations do not create new substantive IP rights but make PBR enforcement and administration practicable.\n\n- Concentrated vs diffuse impacts: the fee levels and testing requirements impose concentrated costs on applicants (often a small group of breeders) while benefits (a functioning PBR system and cleared registers) are more diffuse across users of plant varieties. The text does not create special subsidies or producer protections beyond standard PBR procedures, but the discretionary fee exemptions (Reg 4A) mean some classes may be relieved of fees in practice.\n\n- Substitution and jurisdictional choice: the costs and administrative procedures set here will affect the relative attractiveness of seeking PBR protection in Australia versus other jurisdictions for some breeders, especially where testing capacity is limited or fees are material compared to expected returns.\n\n- Administrative burden vs certainty: the Regulations increase administrative certainty by prescribing notice periods, fee amounts and service methods, but centralise important judgments (authorisation, publication redaction, fee exemptions) with the Registrar and delegated staff.\n\n**Practical takeaways (who decides, who pays, what to do differently)**\n\n- Decisions: the Registrar (or delegated PBR office employees) decides authorisations, publication and many administrative steps; the Minister’s powers may be sub‑delegated to specified Executive level staff. (Regs 3A, 3B, 3C)\n- Payments: applicants, approved persons and interested persons pay the fees listed in Schedule 1 (examples above). Expedited dispatch requires a separate small fee ($20). (Schedule 1; Reg 4AA)\n- If you are a breeder or interested party: expect published notice for essential‑derivation applications, comply with notice periods (10 business days minimum for submissions or hearing notices), keep a current address for service, and budget for application, testing and maintenance fees.\n\n(References in parentheses indicate the specific regulation or Schedule provision.)"},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations remain focused on their original purpose of administering the Plant Breeder's Rights Act. While they have been amended over time (notably in 2018), the scope has not expanded beyond the core functions of processing applications, managing fees, delegating powers, and handling disputes about plant variety rights."},"complexity_factors":["Multiple cross-references to the parent Plant Breeder's Rights Act 1994 (sections 19, 26, 34, 37, 40, 41A, 41B, 41C, 44, 50, 59, 62, 73, 76A, 80)","Nested procedural requirements in regulations 3BA and 3BB with multiple sub-paragraphs and conditions","Fee table with tiered pricing based on payment method (preferred vs other means) and service type","Transitional provisions referencing specific amendment regulations from 2018 with multiple commencement triggers","Delegation chains involving multiple APS classification levels (EL1, EL2, APS 2-6)","Interaction with external legislation: Administrative Review Tribunal Act 2024, Public Service Act 1999, Acts Interpretation Act 1901"],"plain_english_summary":"These regulations set out the administrative rules for Australia's plant breeding intellectual property system. They cover:\n\n**Who it affects:**\n- Plant breeders seeking to protect new varieties\n- Agricultural and horticultural businesses\n- Testing establishments that verify plant distinctiveness\n- IP Australia staff who administer the system\n\n**What it does:**\n- **Authorises testing facilities** (reg 3A): Sets out how the Registrar can approve establishments to conduct test growings of plant varieties to prove they are new and distinct.\n- **Handles disputes about 'essentially derived' varieties** (regs 3BA, 3BB): Creates a process for when someone claims a new variety is too similar to an existing one. This includes publishing notices in the Plant Varieties Journal and giving affected parties a right to be heard through written submissions or hearings.\n- **Delegates powers** (regs 3B, 3C): Allows the Registrar to delegate powers to examiners and certain public servants, and allows the Minister to delegate to Executive Level 2 officers.\n- **Sets fees and refunds** (Schedule 1, regs 4-5): Prescribes fees for applications, renewals, copies of documents, and expedited dispatch. Allows refunds for overpayments or unprovided services.\n- **Administrative practicalities**: Covers service of documents by post, what happens when the PBR office is closed (weekends, Australia Day, Anzac Day), and extends the scheme to Norfolk Island.\n\n**Why it matters:**\nThese rules ensure plant breeders can protect their intellectual property in new crop varieties while maintaining transparency and fairness. The 'essential derivation' provisions prevent others from making trivial changes to existing protected varieties and claiming them as new. The fee structure and delegation rules keep the system operational and accessible."}},"importantCases":[],"_links":{"self":"/api/acts/plant-breeder-s-rights-regulations-1994","history":"/api/acts/plant-breeder-s-rights-regulations-1994/history","analysis":"/api/acts/plant-breeder-s-rights-regulations-1994/analysis","conflicts":"/api/acts/plant-breeder-s-rights-regulations-1994/conflicts","importantCases":"/api/acts/plant-breeder-s-rights-regulations-1994/important-cases","documents":"/api/acts/plant-breeder-s-rights-regulations-1994/documents"}}