Document ID: chunk:federal_register_of_legislation:C2024C00632:section:21a:p3
Version: federal_register_of_legislation:C2024C00632
Segment Type: section
Provision Reference: s 21A (pt 3/5)
Character Range: 172371–175006

the following applies:
 (i) the supply is not in accordance with the authority;
 (ii) the supply is not in accordance with the conditions to which the authority is subject;
 (iii) the supply is not in accordance with regulations made for the purpose of subsection 19(7).
Penalty: 500 penalty units.
 (10) A person commits an offence if:
 (a) the Secretary has authorised, under subsection 19(5), the person to supply therapeutic goods; and
 (b) the person supplies those goods; and
 (c) any of the following applies:
 (i) the supply is not in accordance with the authority;
 (ii) the supply is not in accordance with the conditions to which the authority is subject;
 (iii) the supply is not in accordance with regulations made for the purpose of subsection 19(7).
Penalty: 100 penalty units.
 (11) An offence against subsection (10) is an offence of strict liability.
 (11A) A person commits an offence if:
 (a) the person is a health practitioner; and
 (b) the person is included in a class of health practitioners specified in subsection 19(7A) rules; and
 (c) the person supplies:
 (i) therapeutic goods specified in those rules; or
 (ii) therapeutic goods included in a class of therapeutic goods specified in those rules; and
 (d) any of the following applies:
 (i) the supply is not in accordance with those rules;
 (ii) the supply is not in the circumstances specified in those rules;
 (iii) the supply is not in accordance with the conditions specified in those rules; and
 (e) either:
 (i) the use of the goods has resulted in, will result in, or is likely to result in, harm or injury to any person; or
 (ii) the use of the goods, if the goods were used, would result in, or would be likely to result in, harm or injury to any person; and
 (f) the harm or injury has resulted, will result, is likely to result, would result, or would be likely to result, because:
 (i) the supply is not in accordance with those rules; or
 (ii) the supply is not in the circumstances specified in those rules; or
 (iii) the supply is not in accordance with the conditions specified in those rules.
Penalty: Imprisonment for 5 years or 4,000 penalty units, or both.
 (11C) A person commits an offence if:
 (a) the person is a health practitioner; and
 (b) the person is included in a class of health practitioners specified in subsection 19(7A) rules; and
 (c) the person supplies:
 (i) therapeutic goods specified in those rules; or
 (ii) therapeutic goods included in a class of therapeutic goods specified in those rules; and
 (d) any of the following applies:
 (i) the supply is not in accordance with those rules;
 (ii) the supply is not