Commonwealth Consolidated Acts

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PLANT BREEDER'S RIGHTS ACT 1994 - SECT 75

Offences other than infringement offences

             (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.



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