Document ID: chunk:federal_register_of_legislation:C2008A00137:clause:1_18go
Version: federal_register_of_legislation:C2008A00137
Segment Type: clause
Provision Reference: sch 1 cl 18GO
Character Range: 29296–31835

18GO  Misleading marks

Offence requiring fault element—marking a measuring instrument with a misleading mark

 (1) A person commits an offence if:
 (a) the person marks a measuring instrument; and
 (b) the mark is not a verification mark but is likely to give the impression that it is a verification mark.

Penalty: 200 penalty units.

Strict liability offence—marking a measuring instrument with a misleading mark

 (2) A person commits an offence if:
 (a) the person marks a measuring instrument; and
 (b) the mark is not a verification mark but is likely to give the impression that it is a verification mark.

Penalty: 40 penalty units.

Offence requiring fault element—using, selling or supplying a measuring instrument misleadingly marked

 (3) A person commits an offence if:
 (a) the person:
 (i) uses a measuring instrument for trade; or
 (ii) sells or otherwise supplies a measuring instrument for use for trade; and
 (b) the measuring instrument is marked; and
 (c) the mark is not a verification mark but is likely to give the impression that it is a verification mark.

Penalty: 200 penalty units.

Strict liability offence—using, selling or supplying a measuring instrument misleadingly marked

 (4) A person commits an offence if:
 (a) the person:
 (i) uses a measuring instrument for trade; or
 (ii) sells or otherwise supplies a measuring instrument for use for trade; and
 (b) the measuring instrument is marked; and
 (c) the mark is not a verification mark but is likely to give the impression that it is a verification mark.

Penalty: 40 penalty units.

Offence requiring fault element—possessing instrument for making misleading mark

 (5) A person commits an offence if:
 (a) the person has an instrument or other thing in his or her possession; and
 (b) the instrument or thing is designed for making a mark on a measuring instrument that is not a verification mark but is likely to give the impression that it is a verification mark.

Penalty: 200 penalty units.

Strict liability offence—possessing instrument for making misleading mark

 (6) A person commits an offence if:
 (a) the person has an instrument or other thing in his or her possession; and
 (b) the instrument or thing is designed for making a mark on a measuring instrument that is not a verification mark but is likely to give the impression that it is a verification 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.