Trade Marks Act 1995
147Making a die etc. for use in trade marks offence
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147 Making a die etc. for use in trade marks offence
Indictable offence (1) A person commits an offence if: (a) the person makes a die, block, machine or instrument; and (b) the die, block, machine or instrument is likely to be used for, or in the course of, committing an offence; and (c) the offence is an offence against section 145 or 146.
Penalty: Imprisonment for 5 years or 550 penalty units, or both.
(2) Strict liability applies to paragraph (1)(c).
Note: For strict liability, see section 6.1 of the Criminal Code.
Summary offence (3) A person commits an offence if: (a) the person makes a die, block, machine or instrument; and (b) the die, block, machine or instrument is likely to be used for, or in the course of, committing an offence; and (c) the offence is an offence against section 145 or 146.
Penalty: Imprisonment for 12 months or 60 penalty units, or both.
(4) The fault element for paragraph (3)(b) is negligence. (5) Strict liability applies to paragraph (3)(c).
Note: For strict liability, see section 6.1 of the Criminal Code.