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Plant Breeder's Rights Act 1994
10Extent of Act
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#### 10 Extent of Act
Nothing in this Act requires or permits the granting of PBR in a plant variety unless:
(a) if Australia is a party to an Act of the Convention—the grant is appropriate to give effect to the obligations of Australia under that Act; or
(b) the breeding of the plant variety constitutes an invention for the purpose of paragraph 51(xviii) of the Constitution.