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PLANT VARIETY RIGHTS ACT 1987 No. 2, 1987 - SECT 52 Offences

PLANT VARIETY RIGHTS ACT 1987 No. 2, 1987 - SECT 52

Offences
52. (1) A person shall not knowingly make a false statement in an application
or other document given to the Secretary or the Registrar for the purposes of
this Act.
Penalty:

   (a)  in the case of a natural person-$1,000 or imprisonment for 6 months,
        or both; or

   (b)  in the case of a body corporate-$5,000.

(2) A person shall not-

   (a)  falsely represent to another person that he, she or it is the grantee
        of plant variety rights in respect of a plant variety;

   (b)  falsely represent to another person that he, she or it is deemed to be
        the grantee of plant variety rights in respect of a plant variety by
        virtue of section 21; or

   (c)  falsely represent that a plant is a plant of a variety in respect of
        which plant variety rights have been granted.
Penalty for contravention of this sub-section:

   (a)  in the case of a natural person-$1,000; or

   (b)  in the case of a body corporate-$5,000.

(3) Where, in proceedings for an offence against sub-section (1) or (2) in
respect of any conduct engaged in by a corporation, it is necessary to
establish the state of mind of the corporation, it is sufficient to show that
a director, servant or agent of the corporation, being a director, servant or
agent by whom the conduct was engaged in within the scope of his or her actual
or apparent authority, had that state of mind.

(4) Any conduct engaged in on behalf of a corporation-

   (a)  by a director, servant or agent of the corporation within the scope of
        his or her actual or apparent authority; or

   (b)  by any other person at the direction or with the consent or agreement
        (whether express or implied) of a director, servant or agent of the
        corporation, where the giving of such direction, consent or agreement
        is within the scope of the actual or apparent authority of the
        director, servant or agent, shall be deemed, for the purposes of a
        provision of this Act that creates an offence, to have been engaged in
        by the corporation.

(5) A reference in sub-section (3) to the state of mind of a person includes a
reference to the knowledge, intention, opinion, belief or purpose of the
person and the person's reasons for the intention, opinion, belief or purpose.