(a) propagating material of a plant variety covered by PBR is produced or reproduced without the authorisation of the grantee; and
(b) the grantee does not have a reasonable opportunity to exercise the grantee's right in relation to the propagating material; and
(c) material is harvested from the propagating material;
section 11 operates as if the harvested material were propagating material.
(2) Subsection (1) applies to so much of the material harvested by a farmer from propagating material conditioned and reproduced in the circumstances set out in subsection 17(1) as is not itself required by the farmer, for the farmer's own use, for reproductive purposes.