TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 157 Selling etc. goods with false marks

TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 157

157.(1) A person must not:

   (a)  sell goods; or

   (b)  expose goods for sale; or

   (c)  have goods in his or her possession for the purpose of trade or
        manufacture; or

   (d)  import goods into Australia for the purpose of trade or manufacture;
        if the person knows that:

   (e)  a falsified representation of a registered trade mark is applied to
        them; or

   (f)  a representation of a registered trade mark has been unlawfully
        removed from them; or

   (g)  a representation of a registered trade mark is falsely applied to
        them.

(2) A person contravening subsection (1) is guilty of an offence punishable on
conviction by:

   (a)  a fine not exceeding 5 penalty units for each item of goods to which
        the offence relates; or

   (b)  imprisonment for a period not exceeding 2 years; or

   (c)  by both a fine and a term of imprisonment.

(3) The total fine imposed on a person convicted of an offence may not exceed
120 penalty units.

(4) In a prosecution for an offence against subsection (1), if, having regard
to:

   (a)  a person's abilities, experience, qualifications and other attributes;
        and

   (b)  all the circumstances surrounding the alleged contravention of that
        subsection; the person ought reasonably to have known that the goods
        are goods of a kind referred to in that subsection, the person is
        taken to have known that the goods were goods of that kind. Note: The
        Reader's Guide gives information about penalties (see the paragraphs
        under the subheading Crimes Act 1914).