Commonwealth Consolidated Acts

TRADE MARKS ACT 1995 - SECT 147

Indictable offence

  (1)   A person commits an offence if:

  (a)   the person makes a die, block, machine or instrument; and

  (b)   the die, block, machine or instrument is likely to be used for, or in the course of, committing 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.

  (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 makes a die, block, machine or instrument; and

  (b)   the die, block, machine or instrument is likely to be used for, or in the course of, committing 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 .