Document ID: chunk:federal_register_of_legislation:C2007C00653:clause:1_21a:p1
Version: federal_register_of_legislation:C2007C00653
Segment Type: clause
Provision Reference: sch 1 cl 21A (pt 1/4)
Character Range: 28841–31409

21A  General criminal offences relating to this Part

Offences for making a false or misleading statement

 (1) A person commits an offence if:
 (a) the person makes a statement; and
 (b) the statement is made in or in connection with a certification of any matter under subsection 26A(2); and
 (c) the statement is false or misleading in a material particular; and
 (d) either:
 (i) the use of the medicine has resulted in, or will result in, harm or injury to any person; or
 (ii) the use of the medicine, if the medicine were used, would result in harm or injury to any person.

Maximum penalty: Imprisonment for 5 years or 4,000 penalty units, or both.

Note: A jury may acquit a person of an offence against this subsection and may convict the person of an offence against subsection (4) instead: see section 53A.

 (2) A person commits an offence if:
 (a) the person makes a statement; and
 (b) the statement is made in or in connection with a certification of any matter under subsection 26A(2); and
 (c) the statement is false or misleading in a material particular; and
 (d) the use of the medicine, if the medicine were used, would be likely to result in harm or injury to any person.

Maximum penalty: 2,000 penalty units.

 (3) Subsection (2) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

 (4) A person commits an offence if:
 (a) the person makes a statement; and
 (b) the statement is made in or in connection with a certification of any matter under subsection 26A(2); and
 (c) the statement is false or misleading in a material particular.

Maximum penalty: Imprisonment for 12 months or 1,000 penalty units, or both.

Offences relating to breaching a condition of registration or listing of therapeutic goods

 (5) A person commits an offence if:
 (a) therapeutic goods are registered or listed in relation to the person; and
 (b) the person does an act or omits to do an act; and
 (c) the act or omission breaches a condition of the registration or listing of the goods; and
 (d) the act or omission has resulted in, or will result in, harm or injury to any person.

Maximum penalty: Imprisonment for 5 years or 4,000 penalty units, or both.

Note: A jury may acquit a person of an offence against this subsection and may convict the person of an offence against subsection (8) instead: see section 53A.

 (6) A person commits an offence if:
 (a) therapeutic goods are registered or listed in relation to the person; and
 (b) the person does an act or omits to do an act; and
 (c) the act or