Document ID: chunk:federal_register_of_legislation:C2025C00114:section:8aa
Version: federal_register_of_legislation:C2025C00114
Segment Type: section
Provision Reference: s 8AA
Character Range: 51827–54216

8AA  Use of markings in relation to goods other than films etc.

Using a determined marking in relation to certain goods
 (1) A person commits an offence if:
 (a) the person, in trade or commerce, uses a marking in relation to goods; and
 (b) the marking is a determined marking; and
 (c) the goods are not:
 (i) a publication, film or computer game; or
 (ii) goods used to promote a publication, film or computer game that has the classification for that marking.
Penalty: 20 penalty units.

Using a determined marking in relation to certain services
 (2) A person commits an offence if:
 (a) the person, in trade or commerce, uses a marking in relation to a service; and
 (b) the marking is a determined marking; and
 (c) the service is not for the purposes of the classification system provided for by this Act or a corresponding law of a State or Territory.
Penalty: 20 penalty units.

Selling etc. certain goods with a determined marking
 (3) A person commits an offence if:
 (a) a determined marking is used in relation to goods; and
 (b) the person does any of the following with the goods:
 (i) imports them into Australia for sale;
 (ii) sells them;
 (iii) offers them for sale;
 (iv) lets them on hire; and
 (c) the goods are not:
 (i) a publication, film or computer game; or
 (ii) goods used to promote a publication, film or computer game that has the classification for that marking.
Penalty: 20 penalty units.

Extended meaning of determined marking
 (4) For the purposes of this section, a determined marking includes a marking so closely resembling a determined marking as to be likely to be mistaken for it.

Constitutional reach
 (5) This section has effect only if one or more of the following paragraphs applies:
 (a) the conduct constituting the offence occurs to any extent outside Australia;
 (b) the conduct constituting the offence occurs within a Territory or a Commonwealth place;
 (c) the goods belong to a constitutional corporation;
 (d) the person is a constitutional corporation;
 (e) the goods are provided in the course of, or intended for, constitutional trade or commerce;
 (f) the conduct constituting the offence is for the purposes of constitutional trade or commerce;
 (g) the conduct constituting the offence involves the use of postal, telegraphic, telephonic and other like services (within the meaning of paragraph 51(v) of the Constitution).