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Thursday, 30 June 1994
Page: 2522


Senator COULTER (8.41 p.m.) —I move:

6.Clause 11, page 6, line 11, after "subject to this Act", insert "and the Trade Practices Act 1974".

Clause 11 says `subject to this Act' and we say it should be subject to this act and also to the Trade Practices Act. I think the reason for that is fairly self-evident. One would want to ensure that trading in these varieties should also be subject to the Trade Practices Act because there are circumstances in relation to trading which go well beyond the restrictions and controls and so on that are imposed by this legislation. This legislation is to do with protecting the plant breeder's right; it does not really address the issues of the freedom or otherwise of the circumstances in relation to the actual trading.

  These conditions relate specifically to things which are permitted. I mention clause 11(d) which Senator Tambling drew attention to a moment ago. We believe that if one is involved in that activity it should be subject to the Trade Practices Act.