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PLANT VARIETY PROTECTION No. 82
(i) concerning, generally, any matter which he considers necessary or expedient to prescribe in order
that the objects and purposes of this Act may be
better achieved, the generality of the powers
conferred by this paragraph not being limited by
the provisions of the preceding paragraphs.
(f) who falsely represents that propagating material
sold by him for the purpose of propagation or
multiplication is propagating material of a variety
in respect of which a plant breeder’s right has
been granted under this Act, or that the propagating material originates from such a variety;
(2) Different regulations may be made in terms of this
section in respect of different classes or groups of plants
or in respect of different kinds of plants or in such other
respects as the Minister may determine.
(g) who, at the sale of propagating material sold by
him for the purpose of propagation or multiplication, uses a denomination therefor which is different from the denomination registered in terms
of this Act for the variety in question or uses the
registered denomination of another variety of the
same kind of plant or uses a denomination which
corresponds too closely to a registered denomination that it is misleading;
(3) The regulations may in respect of any contravention
thereof or failure to comply therewith prescribe a penalty(a) in the case of a first conviction of a fine or imprisonment for a period not exceeding six
months; and
(b) in the case of a second or subsequent conviction
of a fine or imprisonment for a period not exceeding one year.
(4) A regulation prescribing any fees shall be made only
after consultation with the Minister of Finance.
(h) who fails to comply with an undertaking referred
to in paragraph (b) of section 14(2) or fails to
carry out an order referred to in section 24A(1)(b);
(i) who, except in the circumstances referred to in
section 40, discloses information acquired by him
in the course of his duties or in the performance
of his functions under this Act,
shall be guilty of an offence and liable on conviction-
Section 45
(i) in the case of a first conviction of an offence referred to in paragraph (a) or (b) to a
fine or to imprisonment for a period not
exceeding two years;
Offences and penalties
(1) Any person(a) who makes a false entry in the register or causes
it to be made therein, or who makes a writing or
causes a writing to be made which falsely purports to be a copy of an entry in the register or of
a document lodged with the registrar, or who
produces or tenders or causes to be produced or
tendered as evidence any such entry or any such
copy;
(ii) in the case of a second or subsequent conviction of an offence referred to in paragraph (a) or (b) to a fine or to imprisonment for a period not exceeding four years;
(iii) in the case of a first conviction of an offence referred to in paragraph(c), (d), (e),
(f), (g), (h) or (i) to a fine or to imprisonment for a period not exceeding one year;
or
(b) who makes a false statement or representation, or
who furnishes false information knowing it to be
false;
(c) who obstructs or hinder the registrar, an officer or
a person referred to in Section 3(3)(a) in the exercise of his or her powers or the carrying out of
his or her duties under this Act;
(iv) in the case of a second or subsequent conviction of an offense referred to in paragraph (c), (d), (e), (f), (g), (h) or (i) to a
fine or to imprisonment for a period not
exceeding two years.
(d) who, having been duly summoned to appear at
any proceedings under this Act, fails without
lawful excuse so to appear;
(2) Notwithstanding anything to the contrary in any other
law, a magistrate’s court shall have jurisdiction to impose
any penalty prescribed by this Act.
(e) who, having appeared as a witness at any proceedings under this Act, refuses without lawful
excuse to be sworn or to make affirmation or to
produce any document or answer any question
which he may be lawfully required to produce or
answer;
Section 46
Prohibition of trafficking by officers
(1) The registrar, or an officer who under the delegation,
control or direction of the registrar exercises the powers
and carries out the duties assigned to or imposed upon
SOUTH AFRICA
Act - page 18