Adult Basic Education and Training Act, 2000
R 385
Plant Breeders' Rights Act, 2018 (Act No. 12 of 2018)Chapter 14 : General Provisions54. Regulations |
| (1) | The Minister must make regulations by notice in the Gazette regarding— |
| (a) | any matter which may or must be prescribed in terms of this Act; |
| (b) | any certificate or other document or form to be issued or used for the purposes of this Act; |
| (c) | the fees payable in respect of any application, matter or document; |
| (d) | the information and facilities to be provided to the Registrar by an applicant for a plant breeder’s right, and the reproductive material to be submitted at the time of an application and thereafter; |
| (e) | the tests, trials, examinations and other steps to be taken by an applicant or the Registrar before a plant breeder’s right may be granted, and the time within which they are to be taken; |
| (f) | the records relating to reproductive material for sale, multiplication or export to be kept by any person who has such material in his or her possession or under his or her control, the form and manner in which they are to be kept, and how and to whom they must be available for inspection; and |
| (g) | any ancillary or incidental, administrative or procedural matter that it is necessary to prescribe for the proper implementation or administration of this Act. |
| (2) | Different regulations may be made in respect of different classes or groups of plants or in respect of different kinds of plants. |
| (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 a fee may be made only after consultation with the Minister of Finance. |
