s 147B

Possessing or disposing of things for use in trade marks offence

In force

Indictable offence

(1)

A person commits an offence if:

(a)

the person possesses or disposes of:

(i)

a die, block, machine or instrument; or

(ii)

a computer, or other device, programmed to draw a registered trade mark or part of a registered trade mark; or

(iii)

a representation of a registered trade mark or of part of a registered trade mark; and

(b)

the die, block, machine, instrument, computer, device or representation is likely to be used for, or in the course of, an offence; and

(c)

the offence is an offence against section 145 or 146.

Penalty: Imprisonment for 5 years or 550 penalty units, or both.

Note:

For registered trade mark see section 6.

(2)

Strict liability applies to paragraph (1)(c).

Note:

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

Summary offence

(3)

A person commits an offence if:

(a)

the person possesses or disposes of:

(i)

a die, block, machine or instrument; or

(ii)

a computer, or other device, programmed to draw a registered trade mark or part of a registered trade mark; or

(iii)

a representation of a registered trade mark or of part of a registered trade mark; and

(b)

the die, block, machine, instrument, computer, device or representation is likely to be used for, or in the course of, an offence; and

(c)

the offence is an offence against section 145 or 146.

Penalty: Imprisonment for 12 months or 60 penalty units, or both.

(4)

The fault element for paragraph (3)(b) is negligence.

(5)

Strict liability applies to paragraph (3)(c).

Note:

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

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