Plant Varieties Protection Act · 2022 Revised Edition · Part · Offences
44. Falsely representing plant variety as protected variety
Official textFrom Attorney General's Chambers, unchanged
Any person who —
falsely represents that a plant variety is a protected variety;
plant
“plant” includes all fungi and algae but does not include bacteria, bacteroids, mycoplasmas, viruses, viroids and bacteriophages;
or
makes a false representation as to the propagating material of a protected variety, knowing or having reason to believe that the representation is false is guilty of an offence and liable on conviction to a fine not exceeding $10,000.
propagating material
“propagating material”, in relation to a plant of a particular plant variety, means any part or product from which, whether alone or in combination with other parts or products of that plant, another plant with the same characteristics can be produced;
Terms defined in s 2
plant
Defined · s 2“plant” includes all fungi and algae but does not include bacteria, bacteroids, mycoplasmas, viruses, viroids and bacteriophages;
propagating material
Defined · s 2“propagating material”, in relation to a plant of a particular plant variety, means any part or product from which, whether alone or in combination with other parts or products of that plant, another plant with the same characteristics can be produced;
protected variety
Defined · s 2“protected variety” means a plant variety in respect of which complies with the conditions of protection by virtue of sections 21 and 35;
variety
Defined · s 2“variety” means a plant grouping within single botanical taxon of the lowest known rank, which grouping, irrespective of whether the conditions for the grant of breeder’s right are fully met, can be — (a) defined by the expression of the characteristics resulting from a given genotype or combination of genotypes; (b) distinguished from any other plant grouping by the expression of at least one said characteristics; and (c) considered as a unit with regard to its suitability for being propagated unchanged.
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