Document ID: chunk:federal_register_of_legislation:C2008A00137:clause:1_18jl
Version: federal_register_of_legislation:C2008A00137
Segment Type: clause
Provision Reference: sch 1 cl 18JL
Character Range: 63155–65439

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.

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.

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.

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.

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.

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.

 (7) Subsections (2), (4) and (6) are offences of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

Subdivision 3‑C—Shortfall