Document ID: chunk:federal_register_of_legislation:C2004A00712:clause:2_42v
Version: federal_register_of_legislation:C2004A00712
Segment Type: clause
Provision Reference: sch 2 cl 42V
Character Range: 18761–20784

42V  Recovery of therapeutic goods because of actual or potential tampering

 (1) The Secretary may, in writing, impose requirements under this section on a person if:
 (a) the person supplies or has supplied therapeutic goods of a particular kind, or a particular batch of therapeutic goods of that kind; and
 (b) the Secretary is satisfied that therapeutic goods of that kind, or included in that batch, are, have been or could possibly be, subject to actual or potential tampering.

 (2) The requirements may be one or more of the following:
 (a) to take specified steps, in the specified manner and within such reasonable period as is specified, to recover therapeutic goods of that kind, or included in that batch, that the person has supplied;
 (b) to inform the public or a specified class of persons, in the specified manner and within such reasonable period as is specified, that therapeutic goods of that kind, or included in that batch, are, or have been, subject to actual or potential tampering;
 (c) to inform the public or a specified class of persons, in the specified manner and within such reasonable period as is specified, that therapeutic goods of that kind, or included in that batch, could possibly be subject to actual or potential tampering.

 (3) Requirements referred to in paragraph (2)(a) do not apply to therapeutic goods that cannot be recovered because they have been administered to, or applied in the treatment of, a person or animal.

 (4) The Secretary must cause to be published in the Gazette, as soon as practicable after imposing such requirements, a notice setting out particulars of the requirements.

 (5) The Secretary may impose requirements under this section whether or not the Secretary has been notified under section 42T.

 (6) A person who intentionally refuses or fails to comply with a requirement under subsection (1) is guilty of an offence.

Maximum penalty: 240 penalty units.

 (7) This section does not prevent the Secretary from taking action under section 30.