Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015 (62 of 2015)

Schedule 2   Consequential amendments

Plant Breeder's Rights Act 1994

48   Subsection 34(7)

Repeal the subsection, substitute:

(7) Subsection (6) does not apply to an applicant if, when the examination fee would become payable apart from this subsection:

(a) the plant variety to which the application relates is subject to biosecurity control; or

(b) a biosecurity control order is in force in relation to the plant variety to which the application relates; or

(c) a biosecurity response zone determination is in force and the plant variety to which the application relates is in the biosecurity response zone.

(8) If subsection (7) applies, the applicant must pay the prescribed examination fee within 12 months after (as the case requires):

(a) the plant variety is released from biosecurity control; or

(b) the biosecurity control order ceases to be in force in relation to the plant variety; or

(c) the biosecurity response zone determination ceases to be in force.