Any person who— (a) for the purpose of deceiving an officer in the execution of his duties under this Act; or (b) for the purpose of procuring or influencing the doing or omission of any thing by an officer in the execution of his duties under this Act; makes or submits a statement or representation, whether orally or in writing, which he knows to be false or does not know or believe to be true shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment. [amended by Act 22 of 2001, with effect from the 10th September, 2002] 29 Unauthorized claim of plant breeders rights or use of authorized name (1) Any person who falsely and without lawful excuse represents that— (a) any reproductive material of a plant sold or reproduced or exported by him is a plant in respect of which plant breeders rights have been granted; or (b) an application has been made in terms of this Act for the grant of plant breeders rights in respect of a plant sold by him; shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment. [amended by Act 22 of 2001, with effect from the 10th September, 2002] (2) Any person who, at the sale of a plant or the seed or a part of a plant for the purpose of reproduction or multiplication— (a) uses a name therefor which is different from the name registered in terms of this Act for that plant; or (b) uses the registered name of another plant of the same kind or uses a name which corresponds so closely to a registered name that it is misleading; shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment. [amended by Act 22 of 2001, gazetted on the 1st February, 2002] 30 Offences by officers (1) Any officer who acquires, otherwise than in the course of his duties, or sells any reproductive material of a plant in respect of which plant breeders rights have been granted or applied for shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment. [amended by Act 22 of 2001, with effect from the 10th September, 2002] (2) Any reproductive material acquired by an officer in contravention of the provisions of subsection (1) shall be forfeited to the State. 31 [repealed by Act 22 of 2001, with effect from the 20th May, 2002] PART VI GENERAL 32 ...... [repealed by Act 11 of 2001 with effect from 27 July, 2001] 33 Hearing before exercise of discretion of Registrar Where any discretionary or other power is given by this Act to the Registrar, he shall not exercise that power adversely to the applicant for or holder of, as the case may be, plant breeders rights without giving to that applicant or holder an opportunity of being heard. 34 ...... [repealed by Act 11 of 2001 with effect from 27 July, 2001]

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents