Document ID: chunk:federal_register_of_legislation:C2016C01093:section:15:p2
Version: federal_register_of_legislation:C2016C01093
Segment Type: section
Provision Reference: s 15 (pt 2/3)
Character Range: 19617–22227

given by the Minister under this section.
 (4) Where a court convicts a person of an offence against subsection (1), the court may order the forfeiture to the Commonwealth of:
 (a) any goods upon or in connection with which an emblem, designation, design, wording or sign was used by that person; and
 (b) any identity cards, insignia or uniforms used in the commission of the offence.
 (5) In the case of a trade mark registered before the day to which subsection (5A) applies, subsections (1), (2), (3) and (4) do not apply by reason only of its consisting of or containing an emblem or designation specified in paragraph (1)(b), (c) or (ca) or a design or wording resembling such an emblem or designation; and where a person is charged with using such an emblem, designation, design or wording for any purpose and it is proved that the person used it otherwise than as, or as part of, a trade mark so registered, it is a defence for the person to prove:
 (a) that the person lawfully used that emblem, designation, design or wording for that purpose before the day to which subsection (5A) applies; or
 (b) in a case where the person is charged with using the emblem, designation, design or wording upon goods, that the emblem, designation, design or wording had been applied to the goods before the person acquired them by some other person who had manufactured or dealt with the goods in the course of trade and who lawfully used the emblem, designation, design or wording upon similar goods before the day to which subsection (5A) applies.
 (5A) For the purposes of subsection (5), this subsection applies to the following day:
 (a) to the extent that subsection (5) applies in relation to a trade mark consisting of or containing an emblem or designation specified in paragraph (1)(b) or (c) or a design or wording resembling such an emblem or designation—the day on which this Act received the Royal Assent;
 (b) to the extent that subsection (5) applies in relation to a trade mark consisting of or containing an emblem or designation specified in paragraph (1)(ca) or a design or wording resembling such an emblem or designation—the day on which Schedule 1 to the Defence Legislation (Miscellaneous Amendments) Act 2009 commenced.
 (6) Where an offence against this section committed by a body corporate is proved to have been committed with the consent or connivance of a director, manager, secretary or other officer of the body corporate, or a person purporting to act in any such capacity, he or she, as well as the body corporate, is taken to have committed the offence and shall be liable to be