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Tuesday, 5 December 1905
Page: 6191

In Committee(Consideration resumed from 30th November, vide page 6188) :

Amendment (by Mr. Isaacs) again proposed -

That the following new clause be inserted : - 73. (1.) No person shall -

(a)   falsely apply to any goods for the purpose of trade or sale ; or

(b)   knowingly sell or expose for sale, or have in his possession for sale or for any purpose of trade or manufacture any goods to which there is falsely applied ; or

(c)   import into Australia any goods not produced in Australia to which there is applied a mark which is a distinctive device, design, symbol, or label registered by any individual Australian worker or association of Australian workers corporate or unincorporate for the purpose of indicating that articles to which it is applied are the exclusive production of the worker or -of members of the association (and which mark is hereby declared to be a workers' trade mark), or any mark substantially identical with a registered workers' trade mark, or so nearly resembling it as to be likely to deceive.

(2)   The workers' trade mark is falsely applied unless in truth -

(a)   the goods to which it is applied are exclusively the production of the worker or of members of the association ; or

(b)   the goods to which it is applied are in part but not exclusively the pro- duction of the worker or of members of the association, and the mark is applied in such manner as clearly to indicate that its application does not refer to, describe, or designate the parts of the goods not being the production of the worker or of members of the association ; and '

(c)   the mark is applied to the goods (being goods produced in Australia) by the employer for whom they are produced, or, with the authority of the employer, by the worker or a member of the association registering the mark.

(3)   In this section - " Association " includes any number of "associations acting together, and in such case the members of the " association " shall be the members of the associationswhich are acting together ; " Production " means production, manufacture, workmanship, preparation, or product of labour; " Produced " has a meaning corresponding with " production."

Penalty : Fifty pounds, in addition to any liability to forfeiture provided by law.

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