Crimes Legislation Amendment Act (No. 2) 2011 (174 of 2011)

Schedule 2   Proceeds of crime amendments

Part 1   Responsible authorities for proceeds of crime: the DPP and the AFP

Division 6   Consequential amendments

Trade Marks Act 1995

242   Application of amendments - the Trade Marks Act 1995

(1) The amendments of the Trade Marks Act 1995 made by items 240 and 241 of this Schedule apply as set out in this item.

(2) Subject to subitem (3) of this item, the amendment made by item 240 applies in relation to proceedings for the prosecution of a person in respect of an indictable offence against Part 14 of that Act instituted before, at or after the commencement of that item.

(3) However, if Divisions 1 and 2 of Part II of the Proceeds of Crime Act 1987 apply immediately before the commencement of items 240 and 241 of this Schedule in relation to proceedings for the prosecution of a person in respect of an indictable offence against Part 14 of the Trade Marks Act 1995 instituted before that commencement, the Divisions continue to apply in relation to the proceedings as if the amendments made by those items had not been made.

(4) The amendment made by item 241 of this Schedule applies in relation to proceedings for the prosecution of a person in respect of an indictable offence against Part 14 of the Trade Marks Act 1995 instituted at or after the commencement of that item.

(5) The amendments apply under subitems (2) and (4) of this item regardless of whether the conduct giving rise to those proceedings occurred, or is suspected to have occurred, before, at or after the commencement of items 240 and 241.