8AAUse of markings in relation to goods other than films etc.

#### 8AA Use of markings in relation to goods other than films etc. Using a determined marking in relation to certain goods (1) A person commits an offence if: (a) the person, in trade or commerce, uses a marking in relation to goods; and (b) the marking is a determined marking; and (c) the goods are not: (i) a publication, film or computer game; or (ii) goods used to promote a publication, film or computer game that has the classification for that marking. Penalty: 20 penalty units. Using a determined marking in relation to certain services (2) A person commits an offence if: (a) the person, in trade or commerce, uses a marking in relation to a service; and (b) the marking is a determined marking; and (c) the service is not for the purposes of the classification system provided for by this Act or a corresponding law of a State or Territory. Penalty: 20 penalty units. Selling etc. certain goods with a determined marking (3) A person commits an offence if: (a) a determined marking is used in relation to goods; and (b) the person does any of the following with the goods: (i) imports them into Australia for sale; (ii) sells them; (iii) offers them for sale; (iv) lets them on hire; and (c) the goods are not: (i) a publication, film or computer game; or (ii) goods used to promote a publication, film or computer game that has the classification for that marking. Penalty: 20 penalty units. Extended meaning of determined marking (4) For the purposes of this section, a determined marking includes a marking so closely resembling a determined marking as to be likely to be mistaken for it. Constitutional reach (5) This section has effect only if one or more of the following paragraphs applies: (a) the conduct constituting the offence occurs to any extent outside Australia; (b) the conduct constituting the offence occurs within a Territory or a Commonwealth place; (c) the goods belong to a constitutional corporation; (d) the person is a constitutional corporation; (e) the goods are provided in the course of, or intended for, constitutional trade or commerce; (f) the conduct constituting the offence is for the purposes of constitutional trade or commerce; (g) the conduct constituting the offence involves the use of postal, telegraphic, telephonic and other like services (within the meaning of paragraph 51(v) of the Constitution).