Plant Improvement Act, 2018 (Act No. 11 of 2018)Chapter 17 : General Provisions56. Disclosure of information |
| (1) | Subject to the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000), a person must not disclose any information obtained by him or her in the performance of his or her functions in terms of this Act, except— |
| (a) | to the extent that it may be necessary for the proper administration of this Act; |
| (b) | for the purposes of any legal proceedings under this Act; |
| (c) | upon an order of a competent court; or |
| (d) | at the request of the Minister, the Director-General or any other person whose right has been affected. |
| (2) | Notwithstanding subsection (1), the designated authority may, in respect of the relevant scheme, furnish to the holder or the appointed agent of a plant breeder’s right granted under the Plant Breeder’s Rights Act, 1976 (Act No. 15 of 1976), in respect of a variety, information regarding— |
| (a) | the persons who applied for the certification of plants or propagating material of the variety in question; |
| (b) | the area of land of each unit for certification for which application for registration in respect of such plants or propagating material has been made; and |
| (c) | the quantity of such plants or propagating material which has been certified under that scheme. |
| (3) | For the purposes of this section, ‘‘unit for certification’’ means an area of land which is registered in terms of a certification scheme for the cultivation of plants and propagating material of the kinds of plants and varieties to which the scheme applies. |