Document ID: chunk:federal_register_of_legislation:C2007C00653:clause:1_14a
Version: federal_register_of_legislation:C2007C00653
Segment Type: clause
Provision Reference: sch 1 cl 14A
Character Range: 10307–12256

14A  Civil penalties for importing, supplying or exporting goods that do not comply with standards

Civil penalty relating to importing goods into Australia

 (1) A person contravenes this subsection if:
 (a) the person imports therapeutic goods into Australia; and
 (b) the person does not have the consent in writing of the Secretary; and
 (c) the goods do not conform with a standard applicable to the goods (other than by reason of a matter relating to labelling or packaging).

Maximum civil penalty:
 (a) for an individual—5,000 penalty units; and
 (b) for a body corporate—50,000 penalty units.

Civil penalty relating to supplying goods for use in Australia

 (2) A person contravenes this subsection if:
 (a) the person supplies therapeutic goods for use in Australia; and
 (b) the person does not have the consent in writing of the Secretary; and
 (c) the goods do not conform with a standard applicable to the goods.

Maximum civil penalty:
 (a) for an individual—5,000 penalty units; and
 (b) for a body corporate—50,000 penalty units.

Civil penalty relating to exporting goods from Australia

 (3) A person contravenes this subsection if:
 (a) the person exports therapeutic goods from Australia; and
 (b) the person does not have the consent in writing of the Secretary; and
 (c) the goods do not conform with a standard applicable to the goods (other than a standard relating to the labelling of the goods for supply in Australia).

Maximum civil penalty:
 (a) for an individual—5,000 penalty units; and
 (b) for a body corporate—50,000 penalty units.

Decisions on whether to give consent

 (4) The Secretary must, as soon as practicable after making a decision to give a consent, cause particulars of the decision to be published in the Gazette.

 (5) The Secretary must, within 28 days after making a decision to refuse to give a consent, notify the applicant in writing of the decision and of the reasons for the decision.