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Part 3 — Registration of cannabis strains
(1) The Agency must establish and maintain a Register of Cannabis Strains.
(2) The Register may be kept in any form that the Agency considers appropriate.
(3) The Register is not a legislative instrument.
12 Power to register a cannabis strain
(1) The Agency may, either on its own initiative or on an application made in accordance with section 13, decide to register a cannabis strain on the Register.
(2) In deciding whether to register a cannabis strain on its own initiative, the Agency must take into account whether it is necessary to do so in order to facilitate the issuing of licences in relation to the cannabis strain.
(3) In deciding whether to grant an application to register a cannabis strain, the Agency must take into account any matters prescribed by the regulations.
(4) In addition to its effect apart from this subsection, subsection (1) also has the effect it would have if its application were, by express provision, confined to cannabis strains the breeding of which constitutes an invention for the purpose of paragraph 51(xviii) of the Constitution.
13 Application to register a cannabis strain
(1) A person (other than an excluded person) may apply to the Agency for registration of a cannabis strain.
(2) The application must:
(a) be accompanied by the fee (if any) prescribed by the regulations; and
(b) meet any other requirements prescribed by the regulations.
(3) However, no fee is payable for the application if it is made by:
(a) an Indigenous person; or
(b) a body corporate controlled (within the meaning of section 50AA of the Corporations Act 2001 ) by one or more Indigenous persons.
14 Consequences of registration of a cannabis strain
The registration of a cannabis strain on the Register does not affect the intellectual property rights of any person in relation to the cannabis strain under a law of the Commonwealth or of a State or Territory, or under the general law.
15 Other matters relating to the Register and registration of cannabis strains
The regulations may make provision for and in relation to any other matter relating to the Register and the registration process, including the following:
(a) details to be included on the Register;
(b) the time limit for making registration decisions;
(c) review by the Administrative Appeals Tribunal of decisions of the Agency to refuse applications for registration.