Trademarks Act 2019 · Updated to 18 Mar 2022 · Part XVI · Investigation and Enforcement
136. Compounding of offences
Feedback & supportThe Minister may, with the approval of the Public
Prosecutor, make regulations prescribing—
any offence under this Act and any regulations made under this Act that may be compounded;
the criteria for compounding such offence; and
the method and procedure for compounding such offence.
The Controller may, with the consent in writing of the Public
Prosecutor, at any time before a charge is being instituted, compound any offence prescribed as an offence which may be compounded by making a written offer to the person reasonably suspected of having committed the offence to compound the offence upon payment to the Controller of a sum of money not exceeding fifty per centum of the amount of the maximum fine to which the person would have been liable to if he had been convicted of the offence, within such time as may be specified in the written offer.
prescribed
“prescribed” means, in relation to proceedings before the Court or preliminary thereto or connected therewith, prescribed by rules of court made by the Rules Committee constituted under the Courts of Judicature Act 1964, and in other cases, prescribed by the Minister in the regulations made under this Act;
An offer under subsection (2) may be made at any time after the offence has been committed but before any prosecution for it has been instituted, and where the amount specified in the offer is not paid within the time specified in the offer, or such extended time as the Controller may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made.
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Where an offence has been compounded under subsection (2), no prosecution shall be instituted in respect of the offence against the person to whom the offer to compound was made, and the
Controller may forfeit or return any goods, documents, material, articles or things seized in connection with the offence, subject to such terms as the Controller thinks fit.
All sums of money received by the Controller under this section shall be paid into and form part of the Federal Consolidated
Fund.