147BPossessing or disposing of things for use in trade marks offence

#### 147B Possessing or disposing of things for use in trade marks offence Indictable offence (1) A person commits an offence if: (a) the person possesses or disposes of: (i) a die, block, machine or instrument; or (ii) a computer, or other device, programmed to draw a registered trade mark or part of a registered trade mark; or (iii) a representation of a registered trade mark or of part of a registered trade mark; and (b) the die, block, machine, instrument, computer, device or representation is likely to be used for, or in the course of, 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. > Note: For registered trade mark see section 6. (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 possesses or disposes of: (i) a die, block, machine or instrument; or (ii) a computer, or other device, programmed to draw a registered trade mark or part of a registered trade mark; or (iii) a representation of a registered trade mark or of part of a registered trade mark; and (b) the die, block, machine, instrument, computer, device or representation is likely to be used for, or in the course of, 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.