Document ID: chunk:federal_register_of_legislation:C2024C00545:section:156
Version: federal_register_of_legislation:C2024C00545
Segment Type: section
Provision Reference: s 156
Character Range: 213463–215887

156  Acting or holding out without being registered

Individuals
 (1) An individual commits an offence if:
 (a) the individual describes himself or herself, or holds himself or herself out, or permits himself or herself to be described or held out, as a trade marks attorney; and
 (b) the individual is not a registered trade marks attorney.
Penalty: 30 penalty units.
Note 1: The Reader's Guide gives information about penalties (see the paragraphs under the subheading Crimes Act 1914).
Note 2: For registered trade marks attorney see section 6.
 (2) An individual commits an offence if:
 (a) the individual describes himself or herself, or holds himself or herself out, or permits himself or herself to be described or held out, as a trade marks agent; and
 (b) the individual is not a registered trade marks attorney, a patent attorney or a lawyer.
Penalty: 30 penalty units.
Note 1: The Reader's Guide gives information about penalties (see the paragraphs under the subheading Crimes Act 1914).
Note 2: For registered trade marks attorney, patent attorney and lawyer see section 6.

Companies
 (3) A company commits an offence if:
 (a) the company describes itself, or holds itself out, or permits itself to be described or held out, as a trade marks attorney; and
 (b) the company is not a registered trade marks attorney.
Penalty: 150 penalty units.
Note 1: The Reader's Guide gives information about penalties (see the paragraphs under the subheading Crimes Act 1914).
Note 2: For company and registered trade marks attorney see section 6.
 (3A) A company commits an offence if:
 (a) the company describes itself, or holds itself out, or permits itself to be described or held out, as a trade marks agent; and
 (b) the company is not a registered trade marks attorney, a patent attorney or an incorporated legal practice.
Penalty: 150 penalty units.
Note 1: The Reader's Guide gives information about penalties (see the paragraphs under the subheading Crimes Act 1914).
Note 2: For company, registered trade marks attorney, patent attorney and incorporated legal practice see section 6.

Common rules
 (4) In spite of section 15B of the Crimes Act 1914, a prosecution for an offence against this section may be started at any time within 5 years after the offence was committed.
 (6) An offence under this section is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.