TRADE MARKS ACT 1995 - SECT 153 Disobeying summons etc.

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 .