PLANT BREEDER'S RIGHTS ACT 1994 - SECT 74 Infringement offences

PLANT BREEDER'S RIGHTS ACT 1994 - SECT 74

  (1)   A person must not, in relation to propagating material of a plant variety in which PBR has been granted, do any of the acts referred to in a paragraph of section   11 if such an act would, under section   53, infringe the PBR in the variety.

Penalty:   500 penalty units.

  (1A)   In subsection   (1), strict liability applies to the physical element of circumstance, that the infringement of the PBR would be under section   53.

Note:   For strict liability, see section   6.1 of the Criminal Code .

  (2)   The fact that an action for infringement has been brought against a person under section   54 in respect of a particular act does not prevent a prosecution under this section in respect of the same act.