18GOMisleading marks

#### 18GO Misleading marks Offence requiring fault element—marking a measuring instrument with a misleading mark (1) A person commits an offence if: (a) the person marks a measuring instrument; and (b) the mark is not a verification mark but is likely to give the impression that it is a verification mark. Penalty: 200 penalty units. Strict liability offence—marking a measuring instrument with a misleading mark (2) A person commits an offence if: (a) the person marks a measuring instrument; and (b) the mark is not a verification mark but is likely to give the impression that it is a verification mark. Penalty: 40 penalty units. Offence requiring fault element—using, selling or supplying a measuring instrument misleadingly marked (3) A person commits an offence if: (a) the person: (i) uses a measuring instrument for trade; or (ii) sells or otherwise supplies a measuring instrument for use for trade; and (b) the measuring instrument is marked; and (c) the mark is not a verification mark but is likely to give the impression that it is a verification mark. Penalty: 200 penalty units. Strict liability offence—using, selling or supplying a measuring instrument misleadingly marked (4) A person commits an offence if: (a) the person: (i) uses a measuring instrument for trade; or (ii) sells or otherwise supplies a measuring instrument for use for trade; and (b) the measuring instrument is marked; and (c) the mark is not a verification mark but is likely to give the impression that it is a verification mark. Penalty: 40 penalty units. Offence requiring fault element—possessing instrument for making misleading mark (5) A person commits an offence if: (a) the person has an instrument or other thing in his or her possession; and (b) the instrument or thing is designed for making a mark on a measuring instrument that is not a verification mark but is likely to give the impression that it is a verification mark. Penalty: 200 penalty units. Strict liability offence—possessing instrument for making misleading mark (6) A person commits an offence if: (a) the person has an instrument or other thing in his or her possession; and (b) the instrument or thing is designed for making a mark on a measuring instrument that is not a verification mark but is likely to give the impression that it is a verification mark. Penalty: 40 penalty units. (7) Subsections (2), (4) and (6) are offences of strict liability. > Note: For strict liability, see section 6.1 of the Criminal Code.