| (i) |
makes a false entry in the varietal list or causes it to be made therein, or who makes a document or causes a document to be made which falsely purports to be a copy of or excerpt from the varietal list; or |
| (ii) |
produces or tenders or causes to be produced or tendered as evidence any such entry, copy or excerpt; or |
| (iii) |
knowing it to be false offers, utters or puts out an entry, a copy or an excerpt referred to in subparagraph (i) to the detriment or potential detriment of another person; |
[Section 35 (1)(a) substituted by section 27(a) of Act No. 25 of 1996]
| (ii) |
makes a false statement or representation or furnishes false information knowing it to be false; or |
[Section 35 (1)(b)(ii) substituted by section 27(b) of Act No. 25 of 1996]
| (iii) |
fails or refuses to comply with any instruction issued under section 25(1A); |
[Section 35 (1)(b(iii) substituted by section 13(a) of Act No. 17 of 1991]
[Section 35 (1)(b) substituted by section 22(b) of Act No. 39 of 1983]
| (c) |
who obstructs or hinders the registrar or an officer or an authorised person or an authority designated under section 24(1)(a) in the exercise of his powers, the performance of his functions or the carrying out of his duties under this Act or a scheme; |
[Section 35 (1)(c) substituted by section 22(c) of Act No. 39 of 1983]
| (d) |
who, having been duly summoned to appear at proceedings under section 32, fails without lawful excuse so to appear; |
| (e) |
who, having appeared as a witness at proceedings under section 32, 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 to produce or answer; |
[Section 35 (1)(f) substituted by section 27(c) of Act No. 25 of 1996]
| (ii) |
imports any plant or propagating material in contravention of section 26, or uses for the purposes of cultivation any plant or propagating material imported in accordance with section 26 (6) for purposes other than cultivation or for immediate export; |
[Section 35 (1)(g)(ii) substituted by section 22(d) of Act No. 39 of 1983]
| (iii) |
exports any plant or propagating material in contravention of section 27; |
| (iv) |
furnishes any particulars in connection with a plant or propagating material on any container in which it is sold or on a label which is attached to such plant or container, which do not correspond with the true properties thereof; |
| (v) |
distributes any plant or propagating material in contravention of a notice mentioned in section 27A or of any condition referred to in that section; |
[Section 35 (1)(g)(v) inserted by section 13(b) of Act No. 17 of 1991]
[Section 35 (1)(g) substituted by section 13 of Act No. 10 of 1979]
| (h) |
who tampers with any sample taken or any plant, propagating material, substance or other article seized in terms of this Act; |
| (i) |
who fails to display or return a certificate of registration of premises; |
[Section 35 (1)(i) substituted by section 27(d) of Act No. 25 of 1996]
| (j) |
who fails to comply with a provision of a scheme while he is under an obligation to do so; |
| (k) |
who, except in the circumstances referred to in section 31, discloses information acquired by him in the course of his duties or in the performance of his functions under this Act; |
| (m) |
who sells, removes or tampers with any plant, propagating material, substance or other article, or any book or document seized in terms of section 25, or who tampers with an identification mark or seal attached thereto in terms of that section; |
[Section 35 (1)(m) inserted by section 27(e) of Act No. 25 of 1996]
| (n) |
who falsely holds himself or herself out to be the registrar, an officer referred to in section 3(3)(a) or an authorised person; |
[Section 35 (1)(n) inserted by section 27(e) of Act No. 25 of 1996]
| (o) |
who makes a document or causes a document to be made which purports to be a certificate, authorisation or other document issued in terms of this Act, |
[Section 35 (1)(o) inserted by section 27(e) of Act No. 25 of 1996]
shall be guilty of an offence and liable to conviction—
| (i) |
in the case of a first conviction of a contravention referred to in this subsection, to a fine or to imprisonment for a period not exceeding one year; |
[Section 35 (1)(o)(i) substituted by section 27(f) of Act No. 25 of 1996]
| (ii) |
in the case of a second or subsequent conviction of a contravention referred to in paragraph (c), (d), (e), (i) or (j), to a fine or to imprisonment for a period not exceeding two years; or |
[Section 35 (1)(o)(ii) substituted by section 27(f) of Act No. 25 of 1996]
| (iii) |
in the case of a second or subsequent conviction of a contravention referred to in paragraph (a), (b), (f), (g), (h), (k), (l), (m), (n) or (o), to a fine or to imprisonment for a period not exceeding four years. |
[Section 35 (1)(o)(iii) inserted by section 27(g) of Act No. 25 of 1996]
[Section 35 (1) substituted by section 13(c) of Act No. 17 of 1991]
| (2) |
The court convicting any person of an offence under this Act may upon the application of the prosecutor declare any plant or propagating material in respect of which the offence was committed and all other plants and propagating material of a similar nature of which such person is the owner or which is in his possession, to be forfeited to the State. |
| (3) |
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
