Commonwealth Consolidated Acts

TRADE MARKS ACT 1995 - SECT 153

             (1)  A person:

                     (a)  who has been summonsed to appear as a witness before the Registrar; and

                     (b)  to whom a reasonable sum has been tendered in payment for expenses;

must not fail to appear in answer to the summons.

Penalty:  10 penalty units.

             (2)  A person:

                     (a)  who has been required by the Registrar to produce a document or any other thing; and

                     (b)  to whom a reasonable sum has been tendered in payment for expenses;

must not fail to produce the document or thing.

Penalty:  10 penalty units.

          (2A)  Subsections (1) and (2) do not apply if the person has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (2A), see subsection 13.3(3) of the Criminal Code .

             (3)  An offence under this section is an offence of strict liability.

Note 1:       The Reader's Guide gives information about penalties (see the paragraphs under the subheading Crimes Act 1914 ).

Note 2:       For strict liability , see section 6.1 of the Criminal Code .