156Acting or holding out without being registered

#### 156 Acting or holding out without being registered Individuals (1) An individual commits an offence if: (a) the individual describes himself or herself, or holds himself or herself out, or permits himself or herself to be described or held out, as a trade marks attorney; and (b) the individual is not a registered trade marks attorney. Penalty: 30 penalty units. > Note 1: The Reader’s Guide gives information about penalties (see the paragraphs under the subheading Crimes Act 1914). > Note 2: For registered trade marks attorney see section 6. (2) An individual commits an offence if: (a) the individual describes himself or herself, or holds himself or herself out, or permits himself or herself to be described or held out, as a trade marks agent; and (b) the individual is not a registered trade marks attorney, a patent attorney or a lawyer. Penalty: 30 penalty units. > Note 1: The Reader’s Guide gives information about penalties (see the paragraphs under the subheading Crimes Act 1914). > Note 2: For registered trade marks attorney, patent attorney and lawyer see section 6. Companies (3) A company commits an offence if: (a) the company describes itself, or holds itself out, or permits itself to be described or held out, as a trade marks attorney; and (b) the company is not a registered trade marks attorney. Penalty: 150 penalty units. > Note 1: The Reader’s Guide gives information about penalties (see the paragraphs under the subheading Crimes Act 1914). > Note 2: For company and registered trade marks attorney see section 6. (3A) A company commits an offence if: (a) the company describes itself, or holds itself out, or permits itself to be described or held out, as a trade marks agent; and (b) the company is not a registered trade marks attorney, a patent attorney or an incorporated legal practice. Penalty: 150 penalty units. > Note 1: The Reader’s Guide gives information about penalties (see the paragraphs under the subheading Crimes Act 1914). > Note 2: For company, registered trade marks attorney, patent attorney and incorporated legal practice see section 6. Common rules (4) In spite of section 15B of the Crimes Act 1914, a prosecution for an offence against this section may be started at any time within 5 years after the offence was committed. (6) An offence under this section is an offence of strict liability. > Note: For strict liability, see section 6.1 of the Criminal Code.