Provided that this subsection shall not apply to any advertisement concerning seed which bears a mark which is registered as a certification mark in terms of the Trade Marks Act [Chapter 26:04]. (3) It shall be a sufficient defence for any person, other than the person selling the seed to which the false advertisement relates, who is charged with a contravention of subsection (1) if he proves to the satisfaction of the court that he did not know, and could not reasonably be expected to have known, that the advertisement was false in any respect. 20 Preservation of secrecy Any person who discloses, except to the Minister or to any other person for the purpose of the performance of his duties or the exercise of his functions under this Act or when required to do so by any court or under any law, any information acquired by him in the exercise of any function under this Act, in relation to the business affairs of any other person, shall be guilty of an offence and liable to a fine not exceeding one thousand dollars or to imprisonment for a period not exceeding twelve months. 21 Limitation of actions against state No claim shall lie against the State, the Minister or a seed analyst, seed inspector or other employee of the State for anything done in good faith and without negligence under the powers conferred by this Act. 22 Testing of seed and publication of results The Minister may direct that seed of a particular variety or varieties which is advertised, offered or displayed for sale in Zimbabwe shall be tested and may authorize the publication in such manner as he thinks fit of the results of any such test. 23 Prohibitions on production or sale of seed (1) Subject to this section, the Minister may, by order in the Gazette, prohibit— (a) the production for the purposes of sale; or the sale for the purposes of reproduction or multiplication; (b) of seed, whether certified or uncertified, of a particular kind or variety by any person or body, other than a person who or body which certifies that particular kind or variety of seed on behalf of a person or body designated in terms of paragraph ( f ) of subsection (1) of section thirteen. (1a) Subject to this section, the Minister may, by order in the Gazette, prohibit the production, multiplication, sale or importation of seed— (a) which, if used as reproductive material in Zimbabwe, would be likely to cause a deterioration in any domestic variety of plant, whether through crosspollination, physical admixture or other means; or (b) which is unsuitable for use in Zimbabwe; or (c) the use of which would not be in the general interests of agriculture, forestry or horticulture in Zimbabwe; [subsect (1a) inserted by Act 11 of 2001 with effect from 27th July, 2001] (2) Before issuing a prohibition order the Minister shall cause to be advertised in the Gazette and in a newspaper circulating in Zimbabwe notice of his intention to issue the prohibition order and calling for any objections to be lodged with the Registrar in writing within one month of the date such notice is first advertised in the Gazette. (3) If, after the expiry of the period referred to in subsection (2) and after giving consideration to any objections lodged in terms of that subsection, the Minister still intends to issue the prohibition order, he shall cause to be advertised in the Gazette and in a newspaper circulating in Zimbabwe a draft of the proposed prohibition order and notice that the proposed prohibition order will be published on such date, being

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