Question: Can I get in trouble for using the R symbol to indicate my TM is registered when it is not?Answer:
Yes. It is an offence under the Trade Marks Act to indicate that your trade mark is registered, when it is not.
IP Australia who oversees the registration of trade marks does not police this. However, a complaint can be made with the Australian Federal Police to investigate and furthermore forwarded to the Commonwealth Office of Public Prosecution to prosecute.