| (a) |
makes or causes to be made a false entry in the register, or who makes or causes to be made a copy which falsely purports to be a copy of an entry in the register, or who produces or tenders or causes to be produced or tendered such an entry or copy as evidence; |
| (b) |
refuses or fails to furnish information or give an explanation or to answer to the best of his or her ability to a question lawfully demanded from or put to him or her by a person referred to in section 21(1) in the exercising of his or her powers or the performing of his or her duties under this Act, or furnishes information, an explanation or answer to such person which is false or misleading, knowing that it is false or misleading; |
| (c) |
having been duly summoned to appear at proceedings in terms of section 23, or section 23 as applied by section 22, fails without lawful cause so to appear; |
| (d) |
having appeared as a witness at proceedings in terms of section 23, or section 23 as applied by section 22, refuses without lawful cause to be sworn or to make an affirmation or to produce any document or answer any question which he or she may be lawfully required to produce or answer; |
| (f) |
fails to provide the owner of an animal with the prescribed certificate in contravention of section 13(2); |
| (h) |
advertises in contravention of section 14(2); |
| (i) |
makes any false or misleading statement— |
| (i) |
in or in connection with an application in terms of this Act; or |
| (ii) |
at the sale of any animal or genetic material or at the rendering of services relating to the artificial insemination or the transferring of ova or embryos to recipient female animals or the collection, evaluation, processing, packing or labelling of genetic material; |
| (j) |
manages a centre which does not comply with the requirements of section 7(3) or uses premises that are not registered as a centre under this Act, for activities in connection with the collection, evaluation, processing, packing, labelling, transport and sale of genetic material; |
| (k) |
imports any animal or genetic material into the Republic in contravention of section 16; |
| (l) |
contravenes or fails to comply with any condition on which he or she has under section 16(4)(b) been authorised to import any animal or genetic material into the Republic; |
| (n) |
tampers with any sample taken or any animal, equipment, genetic material, book, document or other article seized under this Act; |
| (p) |
other than a registering authority, except in the circumstances referred to in section 15(4), furnishes in writing particulars of the registration or recording of an animal bred in or imported into the Republic, or certifies, publishes or otherwise makes known the pedigrees of animals; |
| (q) |
uses a prefix or suffix not registered in terms of section 15(3) as a prefix or suffix or in any other manner to designate animals bred by him or her, or who so uses a prefix or suffix registered in terms of that section in favour of any other person; |
| (r) |
in furnishing particulars in the circumstances referred to in section 15(4), makes a false statement relating to the pedigree of an animal; |
shall be guilty of an offence and on conviction liable—
| (i) |
in the case of an offence referred to in paragraph (c), (d), (f), (h), (s) or (t), to a fine or to imprisonment for a period not exceeding one year; |
| (aa) |
a first conviction of an offence referred to in paragraph (a), (b), (p), (q) or (r), to a fine or to imprisonment for a period not exceeding one year; or |
| (bb) |
a second or subsequent conviction of an offence referred to in item (aa), whether it is the same offence or any other offence referred to in item (aa), to a fine or to imprisonment for a period not exceeding two years; |
| (aa) |
a first conviction of an offence referred to in paragraph (e), (g), (i), (j), (k), (l), (m), (n) or (o), to a fine, or to imprisonment for a period not exceeding two years; or |
| (bb) |
a second or subsequent conviction of an offence referred to in item (aa), whether it is the same offence or any other offence referred to in item (aa), to a fine or to imprisonment for a period not exceeding four years. |
| (2) |
The court convicting any person of an offence under this Act may upon the application of the prosecutor declare any animal or genetic material in respect of which the offence was committed and all other animals or genetic material of a similar nature of which such person is the owner or which are in his or her possession, to be forfeited to the State. |
| (3) |
Anything forfeited under subsection (2) shall be disposed of in such manner as the Director-General may direct. |
| (4) |
Costs incurred in respect of any action under subsection (3), may be recovered from the person convicted. |
| (5) |
A magistrate’s court shall have jurisdiction to impose any penalty provided for by this section. |
Intellectual Property Rights from Publicly Financed Research and
