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OFFENCES

Offence with respect to furnishing any false or misleading particular, etc.

50. Any person who furnishes or causes to be furnished to the Board any false or misleading particular, information or statement in respect of an application for the registration of a new plant variety and grant of a breeder's right commits an offence and shall on conviction be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Offence with respect to contravention of terms and conditions and use of samples without permission

51. Any person who—

(a) contravenes any of the terms and conditions imposed on him as a holder or as a licensee; or

(b) uses or causes to be used without the prior written permission of the Board any sample of a registered plant variety deposited at any centre under section 27,

commits an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding six months or to both.

Offence by body corporate

52. Where a body corporate commits an offence under this Act or any regulations made under this Act, any person who at the time of the commission of the offence was a director, manager, secretary or other similar officer of such body corporate or was purporting to act in any such capacity, or was in any manner or to any extent responsible for the management of any of the affairs of the body corporate, or was assisting in its management—

(a) may be charged and tried jointly in the same proceedings with the body corporate; and

(b) where the body corporate is found guilty of the offence, shall be deemed to be guilty of that offence unless, having regard to the nature of his functions in that capacity and to all circumstances, he proves —

(i) that the offence was committed without his knowledge, consent or connivance; and

(ii) that he took all reasonable precautions and had exercised all due diligence to prevent the commission of the offence.

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