Commonwealth Consolidated Acts Commonwealth Consolidated ActsIndictable 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 .