| (a) |
who makes a false entry in the register or causes it to be made therein, or who makes a writing or causes a writing to be made which falsely purports to be a copy of an entry in the register or a document lodged with the registrar, or who produces or tenders or causes to be produced or tendered as evidence any such entry or any such copy; |
| (b) |
who makes a false statement or representation, or who furnishes false information, knowing it to be false; |
[Section 45(1)(b) substituted by section 26(a) of Act No. 15 of 1996]
| (c) |
who obstructs or hinders the registrar, an officer or a person referred to in section 3(3)(a) in the exercise of his or her powers or the carrying out of his or her duties under this Act; |
[Section 45(1)(c) substituted by section 26(a) of Act No. 15 of 1996]
| (d) |
who, having been duly summoned to appear at any proceedings under this Act, fails without lawful excuse so to appear; |
| (e) |
who, having appeared as a witness at any proceedings under this Act, refuses without lawful excuse to be sworn or to make affirmation or to produce any document or answer any question which he may be lawfully required to produce or answer; |
| (f) |
who falsely represents that propagating material sold by him for the purpose of propagation or multiplication is propagating material of a variety in respect of which a plant breeder's right has been granted under this Act, or that the propagating material originates from such a variety; |
| (g) |
who, at the sale of propagating material for the purpose of propagation or multiplication, uses a denomination therefor which is different from the denomination registered in terms of this Act for the variety in question or uses the registered denomination of another variety of the same kind of plant or uses a denomination which corresponds to closely to a registered denomination that it is misleading; |
| (h) |
who fails to comply with an undertaking referred to in paragraph (b) of section 14(2) or fails to carry out an order referred to in section 24A(1)(b); |
[Section 45(1)(h) substituted by section 26(b) of Act No. 15 of 1996]
| (i) |
who, except in the circumstances referred to in section 40, discloses information acquired by him in the course of his duties or in the performance of his functions under this Act, |
shall be guilty of an offence and liable on conviction—
| (i) |
in the case of a first conviction of an offence referred to in paragraph (a) or (b) to a fine or to imprisonment for a period not exceeding two years; |
[Section 45(1)(i)(i) substituted by section 26(c) of Act No. 15 of 1996]
| (ii) |
in the case of a second or subsequent conviction of an offence referred to in paragraph (a) or (b) to a fine or to imprisonment for a period not exceeding four years; |
[Section 45(1)(i)(ii) substituted by section 26(c) of Act No. 15 of 1996]
| (iii) |
in the case of a first conviction of an offence referred to in paragraph (c), (d), (e), (f), (g), (h) or (i) to a fine or to imprisonment for a period not exceeding one year; or |
[Section 45(1)(i)(iii) inserted by section 26(d) of Act No. 15 of 1996]
| (iv) |
in the case of a second or subsequent conviction of an offence referred to in paragraph (c), (d), (e), (f), (g), (h) or (i) to a fine or to imprisonment for a period not exceeding two years. |
[Section 45(1)(i)(iv) inserted by section 26(d) of Act No. 15 of 1996]
| (2) |
Notwithstanding anything to the contrary in any other law, a magistrate's court shall have jurisdiction to impose any penalty prescribed by this Act. |
Older Persons Act, 2006
