§ 43 — Improper use of accreditation, certification or inspection mark

43.—(1) A person must not use any accreditation, certification or inspection mark, or a colourable imitation of any accreditation, certification or inspection mark, in respect of any product or process or in any trade mark or design, unless the person —(a)

holds a valid accreditation or certification authorising the person to use that accreditation, certification or inspection mark in respect of that product or process or in that trade mark or design; or

(b)

is authorised by the Agency to use that accreditation, certification or inspection mark.

(2) A person must not use any report or certificate issued or purportedly issued by or on behalf of the Agency to convey the impression that the person holds a valid accreditation, certification or inspection mark, when in fact the person does not.

(3) A person must not forge or without lawful authority alter an accreditation, certification or inspection mark, or a report or certificate issued by the Agency.

(4) A person who, without reasonable excuse, contravenes subsection (1), (2) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both.

(5) Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court has power to impose the full penalty or punishment prescribed under subsection (4).

(6) A court trying an offence under subsection (1), (2) or (3) may direct that any property in respect of which the offence has been committed be forfeited to the Government.

—(1) A person must not use any accreditation, certification or inspection mark, or a colourable imitation of any accreditation, certification or inspection mark, in respect of any product or process or in any trade mark or design, unless the person —(a)

holds a valid accreditation or certification authorising the person to use that accreditation, certification or inspection mark in respect of that product or process or in that trade mark or design; or

(b)

is authorised by the Agency to use that accreditation, certification or inspection mark.

(2) A person must not use any report or certificate issued or purportedly issued by or on behalf of the Agency to convey the impression that the person holds a valid accreditation, certification or inspection mark, when in fact the person does not.

(3) A person must not forge or without lawful authority alter an accreditation, certification or inspection mark, or a report or certificate issued by the Agency.

(4) A person who, without reasonable excuse, contravenes subsection (1), (2) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both.

(5) Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court has power to impose the full penalty or punishment prescribed under subsection (4).

(6) A court trying an offence under subsection (1), (2) or (3) may direct that any property in respect of which the offence has been committed be forfeited to the Government.