Commonwealth Consolidated Acts Commonwealth Consolidated ActsIndictable offence
(1) A person commits an offence if:
(a) the person draws, or programs a computer or other device to draw, a registered trade mark or part of a registered trade mark; and
(b) the registered trade mark or part of the registered trade mark 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 draws, or programs a computer or other device to draw, a registered trade mark or part of a registered trade mark; and
(b) the registered trade mark or part of the registered trade mark 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 .