Document ID: chunk:federal_register_of_legislation:C2014A00004:clause:11_9g
Version: federal_register_of_legislation:C2014A00004
Segment Type: clause
Provision Reference: sch 11 cl 9G
Character Range: 36892–38678

9G  Criminal offences for false statements in requests for variation of entries in Register
 (1) A person commits an offence if:
 (a) the person makes a statement; and
 (b) the statement is made in or in connection with a request under section 9D for the variation of an entry in the Register in relation to therapeutic goods; and
 (c) the statement is false or misleading in a material particular; 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.
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 makes a statement; and
 (b) the statement is made in or in connection with a request under section 9D for the variation of an entry in the Register in relation to therapeutic goods; and
 (c) the statement is false or misleading in a material particular; and
 (d) the use of the goods, if the goods were used, would be likely to result in harm or injury to any person.
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 makes a statement; and
 (b) the statement is made in or in connection with a request under section 9D for the variation of an entry in the Register in relation to therapeutic goods; and
 (c) the statement is false or misleading in a material particular.
Penalty: Imprisonment for 12 months or 1,000 penalty units, or both.