Commonwealth Numbered Acts

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PLANT BREEDER'S RIGHTS ACT 1994 No. 110, 1994 - SECT 75

Offences other than infringement offences
75.(1) A person must not intentionally or recklessly make a false statement in
an application or other document given to the Secretary or 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
intentionally or recklessly 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 intentionally or recklessly 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. Penalty: 60 penalty units.

(4) A person must not intentionally or recklessly 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. 


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