Document ID: chunk:federal_register_of_legislation:C2014C00180:clause:5_147b
Version: federal_register_of_legislation:C2014C00180
Segment Type: clause
Provision Reference: sch 5 cl 147B
Character Range: 96226–97867

147B  Possessing or disposing of things for use in trade marks offence

Indictable offence
 (1) A person commits an offence if:
 (a) the person possesses or disposes of:
 (i) a die, block, machine or instrument; or
 (ii) a computer, or other device, programmed to draw a registered trade mark or part of a registered trade mark; or
 (iii) a representation of a registered trade mark or of part of a registered trade mark; and
 (b) the die, block, machine, instrument, computer, device or representation is likely to be used for, or in the course of, an offence; and
 (c) the offence is an offence against section 145 or 146.
Penalty: Imprisonment for 5 years or 550 penalty units, or both.
Note: For registered trade mark see section 6.
 (2) Strict liability applies to paragraph (1)(c).
Note: For strict liability, see section 6.1 of the Criminal Code.

Summary offence
 (3) A person commits an offence if:
 (a) the possesses or disposes of:
 (i) a die, block, machine or instrument; or
 (ii) a computer, or other device, programmed to draw a registered trade mark or part of a registered trade mark; or
 (iii) a representation of a registered trade mark or of part of a registered trade mark; and
 (b) the die, block, machine, instrument, computer, device or representation is likely to be used for, or in the course of, an offence; and
 (c) the offence is an offence against section 145 or 146.
Penalty: Imprisonment for 12 months or 60 penalty units, or both.
 (4) The fault element for paragraph (3)(b) is negligence.
 (5) Strict liability applies to paragraph (3)(c).
Note: For strict liability, see section 6.1 of the Criminal Code.