Document ID: chunk:federal_register_of_legislation:C2007C00653:clause:1_125
Version: federal_register_of_legislation:C2007C00653
Segment Type: clause
Provision Reference: sch 1 cl 125
Character Range: 126251–127821

125  Subsection 42V(6)
Repeal the subsection, substitute:

 (6) A person commits an offence if:
 (a) the person fails to comply with a requirement under subsection (1) in relation to a supply of therapeutic goods; and
 (b) either:
 (i) the use of the goods has resulted in, or will result in, harm or injury to any person; or
 (ii) the use of the goods, if the goods were used, would result in harm or injury to any person; and
 (c) the harm or injury has resulted, will result, or would result, because the person failed to comply with the requirement.

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 (6C) instead: see section 53A.

 (6A) A person commits an offence if:
 (a) the person fails to comply with a requirement under subsection (1) in relation to a supply of therapeutic goods; and
 (b) the use of the goods, if the goods were used, would be likely to result in harm or injury to any person; and
 (c) the harm or injury would be likely to result because the person failed to comply with the requirement.

Maximum penalty: 2,000 penalty units.

 (6B) Subsection (6A) is an offence of strict liability.

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

 (6C) A person commits an offence if the person fails to comply with a requirement under subsection (1) in relation to a supply of therapeutic goods.

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