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PLANT VARIETY RIGHTS BILL 1986

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

In the Committee

Consideration resumed of clause 24, and of the amendments moved thereto by Senator Powell, viz:

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''.

Debate ensued.

Question-That the amendments be agreed to-put and negatived.

Clause 24 agreed to.

Clause 25 agreed to.

Clause 26 read-

Senator Powell moved an amendment, viz:

Page 16, clause 26, at end of clause, add the following new sub-clause:

""(8) Where an objection to the grant of plant variety rights has been lodged under section 20 and the Secretary grants the rights, the Secretary shall, within 30 days after granting the rights, give written notice of the grant to the person who lodged the objection.''.

Debate ensued.

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

Clause 26 agreed to.

Clauses 27 to 31, by leave, taken together and agreed to.

Clause 32 read-

Senator Powell moved an amendment, viz:

Page 18, clause 32, line 29, leave out ""20'', insert ""15''.

Debate ensued.

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

Amendment negatived accordingly.

Clause 32 agreed to.

Senator Powell moved an amendment, viz:

Page 18, after clause 32, insert the following new clause:

Liability of grantees

""32a. Where plant variety rights are granted in respect of a plant variety, the grantee is liable for any loss or injury caused by plants of that variety, including, without limiting the generality of the foregoing, loss or injury caused by reason that a plant of that variety-

(a) is a weed;

(b) carries or transmits a disease or a virus; or

(c) is toxic.''.

Debate ensued.

Question-That the proposed new clause be inserted in the Bill-put.

The Committee divided-

AYES, 8

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

NOES, 57

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

Amendment negatived accordingly.

Clause 33 agreed to.

Clause 34 read-

Senator Powell moved an amendment, viz:

Page 19, sub-clause 34 (1), line 31, after ""interest,'', insert ""or where the Minister has been advised by the Advisory Committee,''.

Debate ensued.

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

Clause 34 agreed to.

Clause 35 read-

Senator Powell moved an amendment, viz:

Page 20, before paragraph 35 (1) (a), insert the following new paragraph:

""(aa) the Secretary becomes satisfied that the characteristics of plants of the variety have so altered that the plants no longer correspond to the description of a plant of that variety entered in the Register;''.

Debate ensued.

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

The Committee divided-

AYES, 6

Senators- Macklin (Teller) Mason Powell Sanders Vallentine Vigor

NOES, 59

Senators- Alston Archer Aulich Baume, Michael Baume, Peter Black Bolkus Boswell Brownhill Carrick, Sir John Childs Coates Coleman Collard Colston Cook Cooney Crichton-Browne Crowley Devlin Elstob Evans Foreman Gietzelt Giles Guilfoyle, Dame Margaret Hamer Hill Jessop Jones Kilgariff Knowles Lewis MacGibbon McIntosh McKiernan Maguire Messner 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.

Clause 35 further debated.

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

Page 20, paragraph 35 (1) (a), line 8, leave out ""or''.

Page 20, paragraph 35 (1) (b), line 11, leave out ""payable.'', insert ""payable; or''.

Page 20, after paragraph 35 (1) (b), add the following new paragraph:

""(c) within 2 years after the grant of plant variety rights in respect of a plant variety, the grantee has failed to comply with sub-section 39 (2) in relation to that variety.''.

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, 59

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

Amendments negatived accordingly.

Clause 35 agreed to.

Remainder of Bill, by leave, taken as a whole.

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

Page 21, after paragraph 38 (1) (b), insert the following new paragraph:

""(ba) sell plants of that variety otherwise than for private profit;''.

Page 22, after sub-clause 38 (1), insert the following new sub-clause:

""(1A) The Advisory Committee shall, within 60 days after each year ending on 30 June, advise the Minister, the Secretary and the Registrar on the operation of sub-section (1).''.

Page 28, paragraph 45 (1) (c), lines 10 and 11, leave out ""one member who, in the opinion of the Minister, is an appropriate person'', insert ""two members who, in the opinion of the Minister, are appropriate persons''.

Page 28, paragraph 45 (1) (d), lines 13 and 14, leave out ""one member who, in the opinion of the Minister, is an appropriate person'', insert ""two members who, in the opinion of the Minister, are appropriate persons''.

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, 53

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

Amendments negatived accordingly.

Remainder of Bill agreed to.

Bill to be reported without amendment.

The Acting Deputy-President (Senator Colston) resumed the Chair; and the Chairman of Committees (Senator Hamer) reported accordingly.

On the motion of the Minister for Finance (Senator Walsh) the Report from the Committee was adopted, and the Bill read a third time.

And it being 2 p.m.-