Document ID: chunk:federal_register_of_legislation:C2024C00632:section:30ef:p2
Version: federal_register_of_legislation:C2024C00632
Segment Type: section
Provision Reference: s 30EF (pt 2/2)
Character Range: 342372–344349

person contravenes the requirement.
Maximum civil penalty:
 (a) for an individual—100 penalty units; and
 (b) for a body corporate—1,000 penalty units.

Exceptions
 (7) Subsection (6) does not apply if:
 (a) paragraph (1)(a) and subsection (3) apply in relation to the shortage but subsection (2) does not; and
 (b) as a result of steps taken by the person, it was reasonable for the person to assume that paragraph (1)(b) applied in relation to the shortage; and
 (c) the person complied with paragraph (1)(b) in relation to the shortage.
 (8) A person is not subject to a requirement under subsection (1), in relation to a shortage (the relevant shortage) of a medicine in Australia at a particular time, if:
 (a) the person has complied with the requirement under subsection (1) in relation to a shortage (the notified shortage) of the same medicine at an earlier time; and
 (b) the period of the shortage of the medicine in respect of the notified shortage (including any change to that period) is the same as the period of the shortage of the medicine in respect of the relevant shortage.
Example: There is a shortage of a medicine in Australia on 1 January 2024 because, at a time in the 6 months after that day, the supply of the medicine in Australia will not meet demand for the medicine (see section 30EI). The period of the shortage of the medicine will start on 1 March 2024 and end on 31 March 2024 (see section 30EIA).
 The person in relation to whom the medicine is included in the Register has notified the Secretary of the shortage under this section.
 On 1 February 2024 the period of the shortage of the medicine changes to a period that will start on 1 May 2024 and end on 31 May 2024.
 The person must notify the change to the period of the shortage (see subsection 30EFA(1)). The person is not required to notify, under this section, of another shortage of the same medicine in respect of that same period starting on 1 May 2024 and ending on 31 May 2024.