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Designs Bill 2003

Part 3 Offences

   

131   False entries in Register

             (1)  A person commits an offence if:

                     (a)  the person makes an entry, or causes an entry to be made, in the Register; and

                     (b)  the person knows, or is reckless as to whether, the entry is false.

Maximum penalty: Imprisonment for 12 months.

             (2)  A person commits an offence if:

                     (a)  the person tenders a document in evidence; and

                     (b)  the person knows that, or is reckless as to whether, the document falsely purports to be a copy of or extract from an entry in the Register.

Maximum penalty: Imprisonment for 12 months.

132   False representation that a design is registered

             (1)  A person commits an offence if:

                     (a)  the person represents that a design is registered; and

                     (b)  the person knows, or is reckless as to whether, the representation is false.

Maximum penalty: 60 penalty units.

             (2)  A person commits an offence if the person:

                     (a)  represents that the person, or another person, is the registered owner of a registered design; and

                     (b)  knows that the design is not registered, or is reckless as to whether the representation is false.

Maximum penalty: 60 penalty units.

             (3)  A person commits an offence if:

                     (a)  the person sells a product which embodies a design; and

                     (b)  the product has stamped, engraved, impressed upon or otherwise applied to it the words “registered in Australia”, “design registered in Australia”, or other words, expressing or implying that the design is registered; and

                     (c)  the person knows the design is not registered, or is reckless as to whether the design is registered.

Maximum penalty: 60 penalty units.

             (4)  Strict liability applies to paragraph (3)(b).

133   False representations about the Designs Office

             (1)  A person commits an offence if:

                     (a)  the person:

                              (i)  places, or allows to be placed, words on the building in which the person’s office or business is situated; or

                             (ii)  uses words when advertising the person’s office or business; or

                            (iii)  places words on a document, as a description of the person’s office or business; or

                            (iv)  otherwise uses words in connection with the person’s office or business; and

                     (b)  the words are “Office for registering designs”, or other words, that would lead a reasonable person to believe that the office or business is, or is officially connected with, the Designs Office; and

                     (c)  the person knows or is reckless as to whether the person’s office or business is, or is connected with, the Designs Office .

Maximum penalty: 30 penalty units.

             (2)  Strict liability applies to paragraph (1)(b).

134   Failure to comply with requirements of Registrar

             (1)  A person commits an offence if:

                     (a)  the person is subject to a requirement to:

                              (i)  appear as a witness before the Registrar, having been offered reasonable expenses to appear; or

                             (ii)  answer a question put by the Registrar; or

                            (iii)  produce a document or article to the Registrar; or

                            (iv)  be sworn or make an affirmation in proceedings before the Registrar; and

                     (b)  the person engages in conduct; and

                     (c)  the person knows or is reckless as to whether the person’s conduct contravenes the requirement.

Maximum penalty: 30 penalty units.

             (2)  Subsection (1) does not apply if the person has a lawful excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code ).

             (3)  A person is excused from the requirements of paragraph (1)(a) if those requirements might tend to incriminate the person or expose the person to a penalty.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code ).

             (4)  In this section:

engage in conduct means:

                     (a)  do an act; or

                     (b)  omit to do an act.

135   Officers not to traffic etc. in designs

             (1)  The Registrar, a Deputy Registrar or an employee commits an offence if he or she sells, acquires or traffics in:

                     (a)  a registered design, whether granted in Australia or anywhere else; or

                     (b)  a right to, or licence under, a registered design, whether granted in Australia or anywhere else.

Maximum penalty: 60 penalty units.

             (2)  A purchase, sale, acquisition, assignment or transfer made or entered into in contravention of this section is void.

             (3)  This section does not apply to the registered owner of the design or to an acquisition by devolution by will or by operation of law.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code ).