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]