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Plant Breeders' Rights Act, 1976 (Act No. 15 of 1976)

44. Regulations

 

(1) The Minister may make regulations—
(a) prescribing any certificate or other document or form to be issued or used for the purposes of this Act;
(b) prescribing the fees payable in respect of any application, matter or document;
(c) prescribing the scale of remuneration which shall be paid to a person appointed in terms of section 18(2);
(d) prescribing the scale of remuneration which shall be paid to any member of a board appointed in terms of section 42(2);
(e) prescribing 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;
(f) prescribing 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;
(g) prescribing the records relating to reproductive material for sale, multiplication or export to be kept by any person who has such material in his possession or under his control, the form and manner in which they are to be kept, and how and to whom they shall be available for inspection;
(h) concerning any matter which in terms of this Act is required or permitted to be prescribed; and
(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.

 

(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.

 

(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.

[Section 44(3) substituted by section 25 of Act No. 15 of 1996]

 

(4) A regulation prescribing any fees shall be made only after consultation with the Minister of Finance.