Document ID: chunk:federal_register_of_legislation:C2024C00648:section:18go
Version: federal_register_of_legislation:C2024C00648
Segment Type: section
Provision Reference: s 18GO
Character Range: 71688–74206

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.