Biodiscovery Act 2004
sec.9BObligation about using traditional knowledge for biodiscovery
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sec.9B Obligation about using traditional knowledge for biodiscovery
This section applies to a person who accesses traditional knowledge when engaging in biodiscovery or preparing to engage in biodiscovery. The person must take all reasonable and practical measures to ensure the person does not use the traditional knowledge for biodiscovery other than under an agreement with the custodians of the knowledge. Maximum penalty—5,000 penalty units. This provision is an executive liability provision—see section 115 . The requirement under subsection (2) is the traditional knowledge obligation . Without limiting how the person may comply with the traditional knowledge obligation, the person is taken to comply with the obligation if— the person complies with the traditional knowledge code of practice; or the person is employed or engaged by a biodiscovery entity that has complied with the traditional knowledge code of practice. s 9B ins 2020 No. 27 s 10 (sec.9B-ssec.1) This section applies to a person who accesses traditional knowledge when engaging in biodiscovery or preparing to engage in biodiscovery. (sec.9B-ssec.2) The person must take all reasonable and practical measures to ensure the person does not use the traditional knowledge for biodiscovery other than under an agreement with the custodians of the knowledge. Maximum penalty—5,000 penalty units. This provision is an executive liability provision—see section 115 . (sec.9B-ssec.3) The requirement under subsection (2) is the traditional knowledge obligation . (sec.9B-ssec.4) Without limiting how the person may comply with the traditional knowledge obligation, the person is taken to comply with the obligation if— the person complies with the traditional knowledge code of practice; or the person is employed or engaged by a biodiscovery entity that has complied with the traditional knowledge code of practice.
- (a) the person complies with the traditional knowledge code of practice; or
- (b) the person is employed or engaged by a biodiscovery entity that has complied with the traditional knowledge code of practice.