Document ID: chunk:federal_register_of_legislation:C2007C00653:clause:1_14:p1
Version: federal_register_of_legislation:C2007C00653
Segment Type: clause
Provision Reference: sch 1 cl 14 (pt 1/3)
Character Range: 3671–6289

14  Criminal offences for importing, supplying or exporting goods that do not comply with standards

Offences relating to importing goods into Australia

 (1) A person commits an offence if:
 (a) the person imports therapeutic goods into Australia; and
 (b) the goods are imported without the consent in writing of the Secretary; and
 (c) the goods do not conform with a standard applicable to the goods; 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 the goods do not conform with the standard.

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 imports therapeutic goods into Australia; and
 (b) the goods are imported without the consent in writing of the Secretary; and
 (c) the goods do not conform with a standard applicable to the goods; and
 (d) the use of the goods, if the goods were used, would be likely to result in harm or injury to any person; and
 (e) the harm or injury would be likely to result because the goods do not conform with the standard.

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 imports therapeutic goods into Australia; and
 (b) the goods are imported without the consent in writing of the Secretary; and
 (c) the goods do not conform with a standard applicable to the goods.

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

Exception

 (5) Paragraphs (1)(a), (2)(a) and (4)(a) do not apply to goods that do not conform with a standard applicable to the goods by reason only of matters relating to labelling or packaging.

Note: A defendant bears an evidential burden in relation to the matters in subsection (5): see subsection 13.3(3) of the Criminal Code.

Offences relating to supplying goods for use in Australia

 (6) A person commits an offence if:
 (a) the person supplies therapeutic goods for use in Australia; and
 (b) the goods are supplied without the consent in writing of the Secretary; and
 (c) the goods do not conform with a standard applicable to the goods; and
 (d) either:
 (i)