Document ID: chunk:federal_register_of_legislation:C2014C00180:clause:4_46
Version: federal_register_of_legislation:C2014C00180
Segment Type: clause
Provision Reference: sch 4 cl 46
Character Range: 61542–63774

46  Subsections 156(1) to (3)
Repeal the subsections, substitute:

Individuals
 (1) An individual commits an offence if:
 (a) the individual describes himself or herself, or holds himself or herself out, or permits himself or herself to be described or held out, as a trade marks attorney; and
 (b) the individual is not a registered trade marks attorney.
Penalty: 30 penalty units.
Note 1: The Reader's Guide gives information about penalties (see the paragraphs under the subheading Crimes Act 1914).
Note 2: For registered trade marks attorney see section 6.
 (2) An individual commits an offence if:
 (a) the individual describes himself or herself, or holds himself or herself out, or permits himself or herself to be described or held out, as a trade marks agent; and
 (b) the individual is not a registered trade marks attorney, a patent attorney or a lawyer.
Penalty: 30 penalty units.
Note 1: The Reader's Guide gives information about penalties (see the paragraphs under the subheading Crimes Act 1914).
Note 2: For registered trade marks attorney, patent attorney and lawyer see section 6.

Companies
 (3) A company commits an offence if:
 (a) the company describes itself, or holds itself out, or permits itself to be described or held out, as a trade marks attorney; and
 (b) the company is not a registered trade marks attorney.
Penalty: 150 penalty units.
Note 1: The Reader's Guide gives information about penalties (see the paragraphs under the subheading Crimes Act 1914).
Note 2: For company and registered trade marks attorney see section 6.
 (3A) A company commits an offence if the company:
 (a) the company describes itself, or holds itself out, or permits itself to be described or held out, as a trade marks agent; and
 (b) the company is not a registered trade marks attorney, a patent attorney or an incorporated legal practice.
Penalty: 150 penalty units.
Note 1: The Reader's Guide gives information about penalties (see the paragraphs under the subheading Crimes Act 1914).
Note 2: For company, registered trade marks attorney, patent attorney and incorporated legal practice see section 6.
Note: The heading to section 156 is replaced by the heading "Acting or holding out without being registered".