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Plant Improvement Act, 2018 (Act No. 11 of 2018)

Chapter 17 : General Provisions

59. Offences

 

A person is guilty of an offence if he or she—

 

(a)
(i) makes a false entry in the register or national varietal list or causes it to be made therein or makes a document or causes a document to be made which falsely purports to be a copy of or excerpt from the register or national varietal list; or
(ii) produces, tenders or causes to be produced or tendered as evidence any such entry, copy or excerpt, knowing it to be false;

 

(b)
(i) makes a false statement or representation or furnishes false information knowing it to be false; or
(ii) fails or refuses to comply with any instruction issued under section 42(1)(b);

 

(c) obstructs or hinders the registrar or an employee or an authorised person or a designated authority in the exercise of his or her powers, the performance of his or her functions or the carrying out of his or her duties under this Act or a scheme;

 

(d) having been duly summoned to appear at any proceedings under this Act, fails without lawful excuse so to appear;

 

(e) having appeared as a witness at any proceedings under this Act, refuses without lawful excuse to be sworn in or to make affirmation or to produce any document or answer any question which he or she may be lawfully required to produce or answer;

 

(f) conducts a business in conflict with the provisions of this Act;

 

(g) sells any plant or propagating material in contravention of section 22;

 

(h) imports any plant or propagating material in contravention of section 43, or uses for the purposes of cultivation any plant or propagating material imported in accordance with section 43(7) for purposes other than cultivation or for immediate export;

 

(i) exports any plant or propagating material in contravention of section 44;

 

(j) furnishes any particulars in connection with a plant or propagating material on any container in which it is sold or on a label which is attached to such plant or container, which do not correspond with the true properties thereof;

 

(k) fails to display or return a certificate of registration of premises;

 

(l) fails to comply with a provision of a scheme while he or she is under an obligation to do so;

 

(m) except in the circumstances referred to in section 56, discloses information acquired by him or her in the course of his or her duties or in the performance of his or her functions under this Act;

 

(n) contravenes section 57(1);

 

(o) sells, removes or tampers with any plant, propagating material, substance or other article, or any book or document seized in terms of section 42, or tampers with an identification mark or seal attached thereto in terms of that section;

 

(p) falsely holds himself or herself to be the registrar, an employee or an authorised person; or

 

(q) makes a document or causes a document to be made which purports to be a certificate, authorisation or other document or label issued in terms of this Act.