Explanatory Memorandum
(Circulated by authority of the Minister for Finance, Senator the Hon Mathias Cormann)NOTES ON SCHEDULE 5 - Plant Breeder's Rights Act 1994
Intrduction
57. The Plant Breeder's Rights Advisory Committee (PBRAC) is a statutory body established and administered under Part 7 of the Plant Breeder's Rights Act 1994 (PBR Act). Its functions are to advise the government on matters related to the PBR Act. [1] In March 2014, the National Commission of Audit (the Commission) released recommendations for rationalising agencies, boards and committees as part of streamlining the structure and operation of the Australian Public Service. The Commission recommended that the functions of the PBRAC be considered for consolidation into the portfolio department. Having a statutory body provide plant breeders rights advice to the government increases costs and complexity and does not provide sufficient flexibility regarding the operation and membership of such a body.
58. The amendments remedy this problem by removing the PBRAC from the PBR Act. A more flexible, non-statutory mechanism will provide specialised advice on plant breeders rights matters.
Explanation of the provisions
59. Items 1 to 7 amends subsections 3, 49, 63 to 67, 69, 85 to remove references to the PBRAC from the PBR Act.
60. Item 8: Transitional provisions ensures that any views given by PBRAC to the Minister, and any documents in the possession of the PBRAC, are dealt with appropriately.