Document ID: chunk:federal_register_of_legislation:C2007C00653:clause:1_21a:p2
Version: federal_register_of_legislation:C2007C00653
Segment Type: clause
Provision Reference: sch 1 cl 21A (pt 2/4)
Character Range: 31205–33782

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 omission breaches a condition of the registration or listing of the goods; and
 (d) the act or omission is likely to result in harm or injury to any person.

Maximum penalty: 2,000 penalty units.

 (7) Subsection (6) is an offence of strict liability.

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

 (8) 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.

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

Offences relating to the supply of therapeutic goods in breach of authority etc.

 (9) 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; or
 (ii) the supply is not in accordance with the conditions to which the authority is subject; or
 (iii) the supply is not in accordance with regulations made for the purpose of subsection 19(7); and
 (d) 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
 (e) the harm or injury has resulted, will result, or would result, because:
 (i) the supply is not in accordance with the authority; or
 (ii) the supply is not in accordance with the conditions to which the authority is subject; or
 (iii) the supply is not in accordance with regulations made for the purpose of subsection 19(7).

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 22(7A) instead: see section 53A.

 (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; or
 (ii) the supply is not in accordance with the conditions to which the authority is subject;