Registrar of Plant Varieties and other officers
5.—(1) There is to be a Registrar of Plant Varieties who has the chief control of the Registry of Plant Varieties.
(2) There are to be one or more Deputy Registrars of Plant Varieties who is to, subject to the control of the Registrar, have all the powers and functions of the Registrar under this Act, other than the powers of the Registrar under section 6.
(3) There are to be one or more Assistant Registrars of Plant Varieties.
(4) The Registrar and all the other officers under this section must be appointed by the Minister.
Delegation by Registrar
6.—(1) The Registrar may, in relation to a particular matter or class of matters, by writing under the hand of the Registrar, delegate all or any of his or her powers or functions under this Act (except this power of delegation) to an Assistant Registrar of Plant Varieties, any public officer, or any person with the relevant qualifications for or experience in the matter or class of matters, so that the delegated powers and functions may be exercised by the delegate with respect to the matter or class of matters specified in the instrument of delegation.[16/2014]
(2) A delegation under this section is revocable at will and no delegation prevents the exercise of a power or function by the Registrar or by any Deputy Registrar of Plant Varieties.
(3) Where the delegate is a person with the relevant qualifications or experience mentioned in subsection (1), he or she is, when exercising the delegated powers or functions, deemed to be a public servant for the purposes of the Penal Code 1871.[16/2014]
Registry of Plant Varieties
7. For the purposes of this Act, there is an office which is known as the Registry of Plant Varieties.
Seal of Registry
8. There is a seal of the Registry and impressions of the seal are to be judicially noticed.
Powers of Registrar
9. The Registrar may, for the purposes of this Act —(a)
summon witnesses;
(b)
receive evidence on oath, whether orally or otherwise; and
(c)
require the production of documents or articles.
Disobedience to summons an offence
10.—(1) A person who has been summoned to appear as a witness before the Registrar must not, without lawful excuse, fail to appear in obedience to the summons.
(2) A person who has been required by the Registrar to produce a document or article must not, without lawful excuse, fail to produce the document or article.
(3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both.
Refusal to give evidence an offence
11.—(1) A person who appears before the Registrar must not, without lawful excuse, refuse to be sworn or to make an affirmation, or to produce documents or articles, or to answer questions, which the person is lawfully required to produce or answer.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both.
Costs awarded by Registrar
12.—(1) The Registrar may award costs in respect of the matters, and in the amounts provided for in rules made under this Act, against any party to proceedings brought before him or her.
(2) The rules may provide for the assessment of the costs, or any part of the costs, by the Registrar.[Act 25 of 2021 wef 01/04/2022]
(3) A party desirous to obtain costs or to have the costs assessed must apply to the Registrar in accordance with the rules.[Act 25 of 2021 wef 01/04/2022]
(4) If a party is ordered to pay the costs of another party, the costs may be recovered in a court of competent jurisdiction as a debt due by the first party to the other party.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
