18JLUsing misleading marks

#### 18JL Using misleading marks Offence requiring fault element—packer (1) A person commits an offence if the person: (a) packs an article in advance ready for sale; and (b) marks the article with a mark that is not an AQS mark, but that is likely to give the impression that it is an AQS mark. Penalty: 200 penalty units. > Note: For an exception to this offence, see subsection 18JLA(3). Strict liability offence—packer (2) A person commits an offence if the person: (a) packs an article in advance ready for sale; and (b) marks the article with a mark that is not an AQS mark, but that is likely to give the impression that it is an AQS mark. Penalty: 40 penalty units. > Note: For an exception to this offence, see subsection 18JLA(3). Offence requiring fault element—possession, offer or exposure for sale (3) A person commits an offence if: (a) the person possesses an article for sale, or offers or exposes it for sale; and (b) the article has been packed in advance ready for sale; and (c) the article is marked with a mark that is not an AQS mark, but that is likely to give the impression that it is an AQS mark. Penalty: 200 penalty units. > Note: For an exception to this offence, see subsection 18JLA(3). Strict liability offence—possession, offer or exposure for sale (4) A person commits an offence if: (a) the person possesses an article for sale, or offers or exposes it for sale; and (b) the article has been packed in advance ready for sale; and (c) the article is marked with a mark that is not an AQS mark, but that is likely to give the impression that it is an AQS mark. Penalty: 40 penalty units. > Note: For an exception to this offence, see subsection 18JLA(3). Offence requiring fault element—seller (5) A person commits an offence if: (a) the person sells an article; and (b) the article has been packed in advance ready for sale; and (c) the article is marked with a mark that is not an AQS mark, but that is likely to give the impression that it is an AQS mark. Penalty: 200 penalty units. > Note: For an exception to this offence, see subsection 18JLA(3). Strict liability offence—seller (6) A person commits an offence if: (a) the person sells an article; and (b) the article has been packed in advance ready for sale; and (c) the article is marked with a mark that is not an AQS mark, but that is likely to give the impression that it is an AQS mark. Penalty: 40 penalty units. > Note: For an exception to this offence, see subsection 18JLA(3). (7) Subsections (2), (4) and (6) are offences of strict liability. > Note: For strict liability, see section 6.1 of the Criminal Code.