Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person is guilty of an offence if the person makes a die, block, machine or instrument:
(a) knowing that it is likely to be used for, or in the course of, committing an offence against section 145 or 146; or
(b) reckless of whether or not it is likely to be used for, or in the course of, committing an offence against section 145 or 146.
(2) A person is guilty of an offence if the person draws, or programs a computer or other device to draw, a registered trade mark or part of a registered trade mark:
(a) knowing that the trade mark or part of the trade mark is likely to be used for, or in the course of, committing an offence against section 145 or 146; or
(b) reckless of whether or not the trade mark or part of a trade mark is likely to be used for, or in the course of, committing an offence against section 145 or 146.
(3) A person is guilty of an offence if intentionally the person has in his or her possession, or disposes of:
(a) a die, block, machine or instrument; or
(b) a computer, or other device, programmed to draw a registered trade mark or part of a registered trade mark; or
(c) a representation of a registered trade mark or of part of a registered trade mark;
knowing that, or reckless of whether or not, the die, block, machine, instrument, computer, device or representation is likely to be used for, or in the course of, committing an offence against section 145 or 146.
Note 1: For registered trade mark see section 6.
Note 2: For the penalty for an offence under this section see section 149.
(4) For the purposes of an offence against subsection (1), (2) or (3), strict liability applies to the physical element of the offence, that the offence referred to in paragraph (1)(a), (1)(b), (2)(a) or (2)(b) or subsection (3) is an offence against section 145 or 146.
Note: For strict liability, see section 6.1 of the Criminal Code .
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