PLANT BREEDER'S RIGHTS ACT 1994 - SECT 75 Offences other than infringement offences

PLANT BREEDER'S RIGHTS ACT 1994 - SECT 75

  (1)   A person must not make a false statement in an application or other document given to the Registrar for the purposes of this Act.

Penalty:   6 months imprisonment.

  (2)   A person who is not the grantee of PBR in a plant variety must not represent to another person that he or she is the grantee of PBR in that variety.

Penalty:   60 penalty units.

  (3)   A person must not represent to another person that PBR granted to that first - mentioned person in a plant variety extends to cover another plant variety that is not:

  (a)   a dependent variety of the first - mentioned variety; or

  (b)   a variety that has been declared to be an essentially derived variety of the first - mentioned variety.

Note:   For declarations of essential derivation, see sections   40 and 41D.

Penalty:   60 penalty units.

  (4)   A person must not represent to another person that a plant of a variety in which PBR has not been granted is a plant of a variety in which PBR has been granted.

Penalty:   60 penalty units.