sec.139Effect of traditional knowledge obligation on existing biodiscovery

sec.139 Effect of traditional knowledge obligation on existing biodiscovery

This section applies if— before the commencement, a person was engaging in biodiscovery (the existing biodiscovery )— under the former Act; or in a way that was not prohibited under the former Act; and from the commencement, the traditional knowledge obligation would, but for this section, apply to the person. The person is not liable to be prosecuted for contravention of the traditional knowledge obligation to the extent the person— continues the existing biodiscovery; or engages in other biodiscovery contemplated by the existing biodiscovery. s 139 ins 2020 No. 27 s 35 (sec.139-ssec.1) This section applies if— before the commencement, a person was engaging in biodiscovery (the existing biodiscovery )— under the former Act; or in a way that was not prohibited under the former Act; and from the commencement, the traditional knowledge obligation would, but for this section, apply to the person. (sec.139-ssec.2) The person is not liable to be prosecuted for contravention of the traditional knowledge obligation to the extent the person— continues the existing biodiscovery; or engages in other biodiscovery contemplated by the existing biodiscovery.

• (a) before the commencement, a person was engaging in biodiscovery (the existing biodiscovery )— (i) under the former Act; or (ii) in a way that was not prohibited under the former Act; and
• (i) under the former Act; or
• (ii) in a way that was not prohibited under the former Act; and
• (b) from the commencement, the traditional knowledge obligation would, but for this section, apply to the person.
• (i) under the former Act; or
• (ii) in a way that was not prohibited under the former Act; and
• (a) continues the existing biodiscovery; or
• (b) engages in other biodiscovery contemplated by the existing biodiscovery.