sec.124Existing benefit sharing agreements with State

sec.124 Existing benefit sharing agreements with State

This section applies to an agreement entered into between the State and a biodiscovery entity before the commencement of this section under which— the State gave the entity the right to use, for biodiscovery, native biological material— taken from State land or Queensland waters; or sourced from native biological material taken from State land or Queensland waters; and the entity agreed to provide benefits of biodiscovery to the State. On and from the commencement, the agreement is taken to be a benefit sharing agreement entered into under section 33. However, section 35(1) does not apply to the agreement until the end of 1 year after the commencement. Also, subsection (2) is not effective to impose criminal liability, before the commencement, under section 43. Despite subsections (2) to (4), section 50 applies to the entity on and from the commencement. (sec.124-ssec.1) This section applies to an agreement entered into between the State and a biodiscovery entity before the commencement of this section under which— the State gave the entity the right to use, for biodiscovery, native biological material— taken from State land or Queensland waters; or sourced from native biological material taken from State land or Queensland waters; and the entity agreed to provide benefits of biodiscovery to the State. (sec.124-ssec.2) On and from the commencement, the agreement is taken to be a benefit sharing agreement entered into under section 33. (sec.124-ssec.3) However, section 35(1) does not apply to the agreement until the end of 1 year after the commencement. (sec.124-ssec.4) Also, subsection (2) is not effective to impose criminal liability, before the commencement, under section 43. (sec.124-ssec.5) Despite subsections (2) to (4), section 50 applies to the entity on and from the commencement.

• (a) the State gave the entity the right to use, for biodiscovery, native biological material— (i) taken from State land or Queensland waters; or (ii) sourced from native biological material taken from State land or Queensland waters; and
• (i) taken from State land or Queensland waters; or
• (ii) sourced from native biological material taken from State land or Queensland waters; and
• (b) the entity agreed to provide benefits of biodiscovery to the State.
• (i) taken from State land or Queensland waters; or
• (ii) sourced from native biological material taken from State land or Queensland waters; and