Commonwealth Consolidated Acts

TRADE MARKS ACT 1995 - SECT 156

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 .