Document ID: chunk:federal_register_of_legislation:C2024C00648:section:18jl:p1
Version: federal_register_of_legislation:C2024C00648
Segment Type: section
Provision Reference: s 18JL (pt 1/2)
Character Range: 122373–124893

18JL  Using misleading marks

Offence requiring fault element—packer
 (1) A person commits an offence if the person:
 (a) packs an article in advance ready for sale; and
 (b) marks the article with a mark that is not an AQS mark, but that is likely to give the impression that it is an AQS mark.
Penalty: 200 penalty units.
Note: For an exception to this offence, see subsection 18JLA(3).

Strict liability offence—packer
 (2) A person commits an offence if the person:
 (a) packs an article in advance ready for sale; and
 (b) marks the article with a mark that is not an AQS mark, but that is likely to give the impression that it is an AQS mark.
Penalty: 40 penalty units.
Note: For an exception to this offence, see subsection 18JLA(3).

Offence requiring fault element—possession, offer or exposure for sale
 (3) A person commits an offence if:
 (a) the person possesses an article for sale, or offers or exposes it for sale; and
 (b) the article has been packed in advance ready for sale; and
 (c) the article is marked with a mark that is not an AQS mark, but that is likely to give the impression that it is an AQS mark.
Penalty: 200 penalty units.
Note: For an exception to this offence, see subsection 18JLA(3).

Strict liability offence—possession, offer or exposure for sale
 (4) A person commits an offence if:
 (a) the person possesses an article for sale, or offers or exposes it for sale; and
 (b) the article has been packed in advance ready for sale; and
 (c) the article is marked with a mark that is not an AQS mark, but that is likely to give the impression that it is an AQS mark.
Penalty: 40 penalty units.
Note: For an exception to this offence, see subsection 18JLA(3).

Offence requiring fault element—seller
 (5) A person commits an offence if:
 (a) the person sells an article; and
 (b) the article has been packed in advance ready for sale; and
 (c) the article is marked with a mark that is not an AQS mark, but that is likely to give the impression that it is an AQS mark.
Penalty: 200 penalty units.
Note: For an exception to this offence, see subsection 18JLA(3).

Strict liability offence—seller
 (6) A person commits an offence if:
 (a) the person sells an article; and
 (b) the article has been packed in advance ready for sale; and
 (c) the article is marked with a mark that is not an AQS mark, but that is likely to give the impression that it is an AQS mark.
Penalty: 40 penalty units.
Note: For an exception to this offence, see subsection 18JLA(3).
 (7) Subsections (2), (4) and