1.5 CONSTITUTIONAL VALIDITY
The Constitutional validity of the Australian Plant Variety and Plant Breeder's Rights legislation was challenged by the Grain Pool of Western Australia and dealt with by the Australian High Court in 2000 in the Grain Pool of Western Australia v the Commonwealth and Anor [2000] HCA 14 23 March 2000. The High Court confirmed that the PVR Act and the PBR Act are valid under the patents head of power (S51(xviii)) of the Australian Constitution, and therefore did not need to rely on the External Affairs head of power (s51(xxix)). This was important as the Plant Variety Rights Act had commenced in the order of two years before Australia became a signatory to the UPOV Convention.
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