Plant Varieties Protection Act 2004 · 2020 Revised Edition · Part 10 · Offences
45. Falsely representing plant variety as protected variety
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falsely represents that a plant variety is a protected variety; or
plant variety
“plant variety” means a plant grouping within a single botanical taxon of the lowest rank which, irrespective of whether the conditions for a grant of protection are fully met, can be —(a)defined by the expression of the characteristics resulting from a given genotype or a combination of genotypes;(b)distinguished from any other plant grouping by the expression of at least one of those characteristics; and(c)considered as a unit with regard to its suitability for being propagated unchanged;
makes a false representation as to the propagating material of a protected variety,knowing or having reason to believe that the representation is false shall be guilty of an offence and shall be 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 essential characteristics can be produced;