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TRADE MARKS ACT 1995 - SECT 147A Drawing etc. trade marks for use in offence

TRADE MARKS ACT 1995 - SECT 147A

Drawing etc. trade marks for use in offence

Indictable 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 .