sec.54Using native biological material for biodiscovery without particular agreements

sec.54 Using native biological material for biodiscovery without particular agreements

A person must not, unless the person is a party to a benefit sharing agreement or subsequent use agreement, use native biological material for biodiscovery, if the material was taken from— State land or Queensland waters; or a State collection, if the material was taken or sourced from State land or Queensland waters. Maximum penalty—the amount equal to the greater of the following— 5,000 penalty units; the full commercial value of any commercialisation of the material. However, subsection (1) does not apply to a person who uses the material for carrying out only 1 or more of the following activities— classifying the material scientifically; verifying research results concerning the material; biodiscovery to which a benefit sharing agreement concerning the material applies, carried out for a biodiscovery entity by another entity under an engagement mentioned in section 35 (1) (a) . Also, subsection (1) does not apply to the use by an educational institution, or a person at the institution, for educational or training activities not involving commercialisation of the material. In this section— educational institution means— a school; or a registered higher education provider under the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth) ; or a registered training organisation under the National Vocational Education and Training Regulator Act 2011 (Cwlth) . s 54 amd 2007 No. 53 s 30 sch ; 2013 No. 27 s 70 sch 1 pt 2 ; 2014 No. 25 s 223 sch 1 pt 2 ; 2017 No. 35 s 12 ; 2020 No. 27 s 3 sch 1 (sec.54-ssec.1) A person must not, unless the person is a party to a benefit sharing agreement or subsequent use agreement, use native biological material for biodiscovery, if the material was taken from— State land or Queensland waters; or a State collection, if the material was taken or sourced from State land or Queensland waters. Maximum penalty—the amount equal to the greater of the following— 5,000 penalty units; the full commercial value of any commercialisation of the material. (sec.54-ssec.2) However, subsection (1) does not apply to a person who uses the material for carrying out only 1 or more of the following activities— classifying the material scientifically; verifying research results concerning the material; biodiscovery to which a benefit sharing agreement concerning the material applies, carried out for a biodiscovery entity by another entity under an engagement mentioned in section 35 (1) (a) . (sec.54-ssec.3) Also, subsection (1) does not apply to the use by an educational institution, or a person at the institution, for educational or training activities not involving commercialisation of the material. (sec.54-ssec.4) In this section— educational institution means— a school; or a registered higher education provider under the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth) ; or a registered training organisation under the National Vocational Education and Training Regulator Act 2011 (Cwlth) .