Document ID: chunk:federal_register_of_legislation:C2007C00653:clause:1_38
Version: federal_register_of_legislation:C2007C00653
Segment Type: clause
Provision Reference: sch 1 cl 38
Character Range: 49390–50779

38  After subsection 31(5)
Insert:

 (5A) A person commits an offence if:
 (a) a medicine is listed under section 26A in relation to the person; and
 (b) the person provides information in purported compliance with a notice under section 31 relating to the medicine; and
 (c) the information is false or misleading in a material particular; and
 (d) either:
 (i) the use of the medicine has resulted in, or will result in, harm or injury to any person; or
 (ii) the use of the medicine, if the medicine were used, would result in harm or injury to any person.

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 (6) instead: see section 53A.

 (5B) A person commits an offence if:
 (a) a medicine is listed under section 26A in relation to the person; and
 (b) the person provides information in purported compliance with a notice under section 31 relating to the medicine; and
 (c) the information is false or misleading in a material particular; and
 (d) the use of the medicine, if the medicine were used, would be likely to result in harm or injury to any person.

Maximum penalty: 2,000 penalty units.

 (5C) Subsection (5B) is an offence of strict liability.

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