s 156

Acting or holding out without being registered

In force

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:

(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.

Common rules

(4)

In spite of section 15B of the Crimes Act 1914, a prosecution for an offence against this section may be started at any time within 5 years after the offence was committed.

(6)

An offence under this section is an offence of strict liability.

Note:

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

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