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

(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.