Using misleading marks
18JL Using misleading marks
Offence requiring fault element—packer
A person commits an offence if the person:
packs an article in advance ready for sale; and
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.
For an exception to this offence, see subsection 18JLA(3).
Strict liability offence—packer
A person commits an offence if the person:
packs an article in advance ready for sale; and
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.
For an exception to this offence, see subsection 18JLA(3).
Offence requiring fault element—possession, offer or exposure for sale
A person commits an offence if:
the person possesses an article for sale, or offers or exposes it for sale; and
the article has been packed in advance ready for sale; and
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.
For an exception to this offence, see subsection 18JLA(3).
Strict liability offence—possession, offer or exposure for sale
A person commits an offence if:
the person possesses an article for sale, or offers or exposes it for sale; and
the article has been packed in advance ready for sale; and
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.
For an exception to this offence, see subsection 18JLA(3).
Offence requiring fault element—seller
A person commits an offence if:
the person sells an article; and
the article has been packed in advance ready for sale; and
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.
For an exception to this offence, see subsection 18JLA(3).
Strict liability offence—seller
A person commits an offence if:
the person sells an article; and
the article has been packed in advance ready for sale; and
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.
For an exception to this offence, see subsection 18JLA(3).
Subsections (2), (4) and (6) are offences of strict liability.
For strict liability, see section 6.1 of the Criminal Code.
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