Part 4.2 Australian Native Species

Date Published

Section 44(2) of Plant Breeder’s Rights Act 1994 sets out the additional requirements for Australian native species.  As part of the assessment of PBR application for a variety of an Australian native species, the applicant/agent must submit a satisfactory specimen to the Australian Cultivar Registration Authority (ACRA).  The purpose of this submission is to confirm the taxonomic identification of the variety.  In addition, the ACRA may suggest additional comparators to be used in the growing trial.  Information on how to submit a satisfactory specimen and complete the ACRA Registration form is available on the ACRA website.   A processing fee payable to the ACRA is required.

The applicant/agent must confirm the submission to ACRA by completing a Confirmation of Submission of a Satisfactory Specimen to the Herbarium form. ACRA is not obliged to provide comments to the PBR Office but may do so any time up to six months after publication of the detailed description.  Any comments received from ACRA in relation to the taxonomic identification of the variety or choice of comparator varieties, must be considered before grant.