Document ID: chunk:federal_register_of_legislation:C2004A00960:clause:1_30f
Version: federal_register_of_legislation:C2004A00960
Segment Type: clause
Provision Reference: sch 1 cl 30F
Character Range: 10507–12296

30F  Goods exempt under section 18A not conforming to standards etc.

 (1) This section applies if:
 (a) therapeutic goods of a particular kind are exempt under section 18A; and
 (b) a person supplies a batch of goods of that kind; and
 (c) the Secretary is satisfied that the goods included in that batch:
 (i) do not conform to a standard applicable to goods of that kind; or
 (ii) are otherwise not fit to be used for their intended purposes.

 (2) The Secretary may, by written notice given to the person, require the person to take steps to recover the goods included in that batch (except any of those goods that cannot be recovered because they have been administered to, or applied in the treatment of, a person or animal).

 (3) The notice may specify one or more of the following requirements:
 (a) the steps to be taken to recover the goods;
 (b) the manner in which the steps are to be taken;
 (c) a reasonable period within which the steps are to be taken.

 (4) The Secretary must, as soon as practicable after giving the notice, cause particulars of it to be published in the Gazette.

 (5) A person commits an offence if:
 (a) the Secretary gives a notice to the person under subsection (2); and
 (b) the notice specifies a particular requirement mentioned in subsection (3); and
 (c) the person fails to comply with that requirement.

Maximum penalty: Imprisonment for 12 months or 60 penalty units, or both.

 (6) For the purposes of an offence against subsection (5), strict liability applies to the following physical elements of circumstances:
 (a) that the notice concerned is given under subsection (2);
 (b) that the particular requirement concerned is a requirement mentioned in subsection (3).

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