Commonwealth Numbered Acts

TRADE MARKS ACT 1995 No. 119 of 1995 - SECT 156

156. (1) A person must not carry on business or practise as a trade marks
attorney, trade marks agent or agent for obtaining the registration of trade
marks unless the person is:

   (a)  a lawyer; or

   (b)  a patent attorney; or

   (c)  a person referred to in paragraph 135(1)(h) or (i) of the repealed
        Act. Penalty: 30 penalty units.

(2) A person must not describe himself or herself, or hold himself or herself
out, or permit himself or herself to be described or held out, as:

   (a)  a trade marks attorney; or

   (b)  a trade marks agent; or

   (c)  an agent for obtaining the registration of a trade mark; unless the
        person is a patent attorney or a lawyer or a person referred to in
        paragraph 135(1)(h) or (i) of the repealed Act. 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
        lawyer and patent attorney see section 6. Note 3: For the provisions
        of paragraphs 135(1)(h) and (i) of the repealed Act see note 4 at the
        end of section 155.

(3) If:

   (a)  a body corporate is found guilty of an offence against this section;
        and

   (b)  a director, manager, secretary or other officer of the body corporate
        has knowingly been a party to the offence; the director, manager,
        secretary or officer is guilty of an offence punishable, on
        conviction, by a fine not exceeding 30 penalty units.

(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.

(5) For the purposes of this section, a person is taken to carry on business
or practise as a trade marks attorney or a trade marks agent if the person
undertakes in Australia to do, for gain, any or all of the acts referred to in
paragraph 155(a), (b) or (c).

(6) An offence under this section is an offence of strict liability. Note: For
what is an offence of strict liability see note 2 at the end of section 153.