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PLANT VARIETY RIGHTS BILL 1986

Order of the Day read for the adjourned debate on the motion of the Minister for Finance (Senator Walsh)-That this Bill be now read a second time-And on the amendment moved thereto by Senator Macklin, viz: Leave out all words after ""That'', insert ""the Plant Variety Rights Bill 1986 be withdrawn pending the outcome of the study by the Commission of the European Parliament into the extent to which genetic erosion has affected cultivated plant varieties in the European Community.''.

Debate resumed.

Question-That the words proposed to be left out be left out-put.

The Senate divided

AYES, 8

Senators- Georges Haines Macklin (Teller) Mason Powell Sanders Siddons Vigor

NOES, 58

Senators- Alston Archer Aulich Baume, Michael Baume, Peter Black Bolkus Boswell Brownhill Carrick, Sir John Childs Coates Coleman Collard Colston Cooney Crichton-Browne Devlin Durack Elstob Evans Foreman Gietzelt Giles Grimes Guilfoyle, Dame Margaret Hamer Harradine Hill Jessop Jones Kilgariff Knowles MacGibbon McIntosh McKiernan Maguire Morris Newman Parer Ray Reynolds Richardson Robertson Ryan Sheil (Teller) Short Sibraa Tate Teague Townley Vanstone Walsh Walters Watson West Withers Zakharov

Amendment negatived accordingly.

Question-That this Bill be now read a second time-put.

The Senate divided

AYES, 57

Senators- Alston Archer Aulich Baume, Michael Baume, Peter Black Bolkus Boswell Brownhill Carrick, Sir John Childs Coates Coleman Collard Colston Cooney Crichton-Browne Devlin Durack Elstob Evans Foreman Gietzelt Giles Grimes Guilfoyle, Dame Margaret Hamer Hill Jessop Jones Kilgariff Knowles MacGibbon McIntosh McKiernan Maguire Morris Newman Parer Ray Reynolds Richardson Robertson (Teller) Ryan Sheil Short Sibraa Tate Teague Townley Vanstone Walsh Walters Watson West Withers Zakharov

NOES, 9

Senators- Georges Haines Macklin (Teller) Mason Powell Sanders Siddons Vallentine Vigor

And so it was resolved in the affirmative.

Bill read a second time.

The Senate, according to Order, resolved itself into Committee for the consideration of the Bill.

In the Committee

Clauses 1 and 2, by leave, taken together and agreed to.

Clause 3 read-

Senator Powell moved an amendment, viz:

Page 2, sub-clause 3 (1), after the definition of ""Court'', insert the following new definition:

"" "description', in relation to a plant variety, means-

(a) a comprehensive catalogue of the botanical attributes of that variety; and

(b) a quantitative and qualitative assessment of the commercial, environmental and nutritional characteristics of that variety;''.

Debate ensued.

Question-That the words proposed to be inserted be inserted-put.

The Committee divided-

AYES, 8

Senators- Haines Macklin (Teller) Mason Powell Sanders Siddons Vallentine Vigor

NOES, 56

Senators- Alston Archer Aulich Baume, Michael Baume, Peter Black Bolkus Boswell Brownhill Carrick, Sir John Childs Coates Coleman Collard Colston Cooney Crichton-Browne Devlin Elstob Evans Foreman Gietzelt Giles Grimes Guilfoyle, Dame Margaret Hamer Hill Jessop Jones Kilgariff Knowles MacGibbon McIntosh McKiernan Maguire Morris Newman Parer Puplick Ray Reynolds Richardson Robertson Ryan Sheil (Teller) Short Tate Teague Townley Vanstone Walsh Walters Watson West Withers Zakharov

Amendment negatived accordingly.

Senator Powell moved a further amendment, viz:

Pages 3 and 4, sub-clause 3 (5), line 39 (page 3) to line 4 (page 4), leave out the sub-clause, insert the following sub-clause:

""(5) For the purposes of this Act, a person shall not be taken to have originated a plant variety by reason only that the person discovered the existence of plants of that variety, whether as a result of deliberate search or otherwise.''.

Debate ensued.

Question-That the words proposed to be left out be left out-put.

The Committee divided-

AYES, 8

Senators- Haines Macklin (Teller) Mason Powell Sanders Siddons Vallentine Vigor

NOES, 56

Senators- Alston Archer Aulich Baume, Michael Baume, Peter Black Bolkus Boswell Brownhill Carrick, Sir John Childs Coates Coleman Collard Colston Cooney Crichton-Browne Devlin Elstob Evans Foreman Gietzelt Giles Grimes Guilfoyle, Dame Margaret Hamer Hill Jessop Jones Kilgariff Knowles MacGibbon McIntosh McKiernan Maguire Morris Newman Parer Puplick Ray Reid (Teller) Richardson Robertson Ryan Sheil Short Tate Teague Townley Vanstone Walsh Walters Watson West Withers Zakharov

Amendment negatived accordingly.

Clause 3 agreed to.

Clauses 4 to 10, by leave, taken together and agreed to.

Clause 11 read-

Senator Powell, by leave, moved the following amendments together:

Page 6, sub-clause 11 (2), line 17, at end of sub-clause, add ""and in a daily newspaper circulating generally in each State''.

Page 6, sub-clause 11 (3), line 22, after ""Gazette'', insert ""and in a daily newspaper circulating generally in each State''.

Page 6, sub-clause 11 (5), line 34, after ""Gazette'', insert "", a daily newspaper circulating generally in each State''.

Page 7, paragraph 11 (6) (c), line 6, after ""Gazette'', insert ""and in a daily newspaper circulating generally in each State''.

Debate ensued.

Question-That the amendments be agreed to-put.

The Committee divided-

AYES, 7

Senators- Haines Macklin (Teller) Mason Powell Sanders Vallentine Vigor

NOES, 55

Senators- Alston Archer Aulich Baume, Michael Baume, Peter Bolkus Boswell Brownhill Carrick, Sir John Childs Coates Coleman Collard Colston Cooney Crichton-Browne Devlin Elstob Evans Foreman Gietzelt Giles Grimes Guilfoyle, Dame Margaret Hamer Hill Jessop Jones Kilgariff Knowles MacGibbon McIntosh McKiernan Maguire Morris Newman Parer Puplick Ray Reid (Teller) Reynolds Richardson Robertson Ryan Sheil Short Tate Teague Townley Vanstone Walters Watson West Withers Zakharov

Amendments negatived accordingly.

Clause 11 agreed to.

Clauses 12 to 15, by leave, taken together and agreed to.

Clause 16 read-

Senator Powell moved an amendment, viz:

Page 9, after paragraph 16 (h), insert the following new paragraph:

""(ha) particulars of any tests carried out demonstrating the commercial, environmental or nutritional characteristics of the variety;''.

Debate ensued.

Question-That the words proposed to be inserted be inserted-put and negatived.

Clause 16 agreed to.

Clauses 17 to 19, by leave, taken together and agreed to.

Clause 20 read-

Senator Powell moved an amendment, viz:

Page 12, paragraph 20 (1) (a), line 5, leave out ""commercial''.

Debate ensued.

Question-That the word proposed to be left out be left out-put and negatived.

Clause 20 agreed to.

Clause 21 read-

Senator Powell moved an amendment, viz:

Page 12, clause 21, at end of clause, add the following new sub-clause:

""(2) The Registrar shall, within 21 days after public notice of an application for plant variety rights has been given, cause a copy of the application to be made available for inspection at the principal office of-

(a) the State Department of Agriculture or the equivalent Department in each State;

(b) the equivalent Department in the Northern Territory; and

(c) the Department of Territories in the Australian Capital Territory.''.

Question-That the words proposed to be added be added-put and negatived.

Clause 21 agreed to.

Clause 22 agreed to.

Clause 23 read-

Senator Powell, by leave, moved the following amendments together:

Pages 13 and 14, clause 23, line 39 (page 13) to line 20 (page 14), leave out the clause, insert the following clause:

Characteristics of plant varieties originated outside Australia

""23. For the purposes of this Act, where a plant variety in respect of which an application has been accepted was originated outside Australia, the variety shall not be taken to have a particular commercial, environmental or nutritional characteristic unless a test growing of the variety carried out in Australia at the cost of the applicant and taking not less than 2 years has demonstrated that the variety has that characteristic.''.

Page 14, after clause 23, insert the following new clause:

Characteristics of plant varieties originated in Australia

""23A. For the purposes of this Act, where a plant variety in respect of which an application has been accepted was originated in Australia, the variety shall not be taken to have a particular commercial, environmental or nutritional characteristic unless a test growing of the variety carried out in Australia at the cost of the applicant and taking not less than 2 years has demonstrated that the variety has that characteristic.''.

Debate ensued.

Question-That the amendments be agreed to-put.

The Committee divided-

AYES, 8

Senators- Haines Macklin (Teller) Mason Powell Sanders Siddons Vallentine Vigor

NOES, 56

Senators- Alston Archer Aulich Baume, Michael Baume, Peter Bolkus Boswell Brownhill Carrick, Sir John Childs Coleman Collard Colston Cook Cooney Crichton-Browne Crowley Devlin Elstob Evans Foreman Gietzelt Giles Grimes Guilfoyle, Dame Margaret Hamer Hill Jessop Jones Kilgariff Knowles MacGibbon McIntosh McKiernan Maguire Messner Morris Newman Parer Puplick Ray Reid Reynolds Richardson Robertson Ryan Sheil (Teller) Short Tate Teague Townley Walters Watson West Withers Zakharov

Amendments negatived accordingly.

Clause 23 agreed to.

Clause 24 read-

Senator Powell, by leave, moved the following amendments together:

Page 14, sub-clause 24 (1), lines 23 and 24, leave out ""a test growing, or a further test growing,'', insert ""a further test growing''.

Page 14, paragraph 24 (1) (a), line 26, leave out ""or'' (second occurring), insert ""and''.

Page 14, paragraph 24 (1) (b), line 28, after ""particular'', insert ""commercial, environmental or nutritional''.

And it being 2 p.m., the Senate having resumed-