Document ID: chunk:federal_register_of_legislation:C2004A00960:clause:1_8
Version: federal_register_of_legislation:C2004A00960
Segment Type: clause
Provision Reference: sch 1 cl 8
Character Range: 8861–10281

8  After subsection 22(7AA)
Insert:

 (7AB) A person commits an offence if:
 (a) the person does an act or omits to do an act in relation to therapeutic goods; and
 (b) the goods are exempt under section 18A; and
 (c) the act or omission results in the breach of a condition of the exemption; and
 (d) the act or omission is likely to cause a serious risk to public health.

Maximum penalty: Imprisonment for 5 years or 300 penalty units, or both.

Note 1: A person may commit an offence against subsection 20(2A) or (2C) by breaching a condition of an exemption of therapeutic goods under section 18A that relates to the importation of the goods.

Note 2: A person may commit an offence against subsection 30H(1) or (3) by breaching a condition of an exemption of therapeutic goods under section 18A that relates to records about the goods.

 (7AC) Strict liability applies to paragraph (7AB)(b).

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

 (7AD) A person commits an offence if:
 (a) the person does an act or omits to do an act in relation to therapeutic goods; and
 (b) the goods are exempt under section 18A; and
 (c) the act or omission results in the breach of a condition of the exemption.

Maximum penalty: Imprisonment for 4 years or 240 penalty units, or both.

 (7AE) Strict liability applies to paragraph (7AD)(b).

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