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Thursday, 30 June 1994
Page: 2521

Senator COULTER (8.33 p.m.) —I am even more confused now because it seems to me that we have here two clauses which are in contradiction. One clause says that we cannot do these things at all and the other one says we can do them for certain purposes. Surely, to make clause 11 consistent with clause 16, we should add `for sale', because that is the purpose of it—not to deny those amateurs who, for private reasons, are producing or reproducing material, conditioning the material for the purpose of propagation, importing the material or, as in paragraph (f), exporting the material. Provided that was being done in a non-commercial sense, it should be permitted, and it seems to me we have been told that it is permitted, but under clause 11 it is not permitted.

  Adding the words `for sale' would make it quite clear that it is the commercial aspects of these actions which the government is seeking to prevent or protect in the hands of the plant breeder. I do not know how one can argue that one can have two proposed sections which seem to me to say quite different things.