of force until(a)
it is executed; or
(b)
it is cancelled by the person who issued it or, if such person is not available,
by any person with similar authority; or
(c)
the expiry of one month from the day of its issue; or
(d)
the purpose for which the warrant was issued, no longer exists,
whichever may occur first.
(10) If no criminal proceedings are instituted in connection with any plant,
propagating material, substance, book, record or other article or document seized in terms
of subsection (1) or (6), or if it appears that such plant, propagating material, substance,
book, record or other article or document is not required at the trial for the purposes of
evidence or an order of court, that plant, propagating material, substance, book, record or
other article or document shall be returned to the person from whom it was seized.
[S. 25 amended by s. 11 of Act 10 of 1979, by s. 16 of Act 39 of 1983 and by s. 9 of Act 17
of 1991 and substituted by s. 21 of Act 25 of 1996.]
26
Importation of plants and propagating material
(1) No person shall import into the Republic any plant or propagating material(a)
(b)
unless the plant or propagating material(i)
is of a variety of which the denomination is entered in the varietal list;
(ii)
complies with the requirements prescribed in respect thereof;
(iii)
is packed in a container which is sealed and branded, marked or
labelled in the prescribed manner with the prescribed information;
(iv)
is imported through a prescribed port of entry or such other place as
the registrar may determine; and
under a denomination other than the denomination entered in the varietal
list in respect thereof.
[Para. (b) amended by s. 22 (a) of Act 25 of 1996.]
[Sub-s. (1) substituted by s. 10 (a) of Act 17 of 1991.]
(2) (a) Notwithstanding the provisions of subsection (1)-