Document ID: chunk:federal_register_of_legislation:C2010A00054:clause:1_32ba:p1
Version: federal_register_of_legislation:C2010A00054
Segment Type: clause
Provision Reference: sch 1 cl 32BA (pt 1/2)
Character Range: 15863–18545

32BA  Criminal offences for importing a biological
 (1) A person commits an offence if:
 (a) the person imports into Australia a biological for use in humans; and
 (b) none of the following subparagraphs applies:
 (i) the biological is included in the Register in relation to the person;
 (ii) the person is exempt under subsection 32CA(1) in relation to the biological or the biological is exempt under subsection 32CA(2);
 (iii) the biological is exempt under section 32CB;
 (iv) the biological is the subject of an approval under subsection 32CK(1) that is held by the person, being an approval covering the importation into Australia of the biological;
 (v) the biological is the subject of an approval under subsection 32CO(1) or (2) that is held by the person; and
 (c) either:
 (i) the use of the biological has resulted in, or will result in, harm or injury to any person; or
 (ii) the use of the biological, if the biological 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 imports into Australia a biological for use in humans; and
 (b) none of the following subparagraphs applies:
 (i) the biological is included in the Register in relation to the person;
 (ii) the person is exempt under subsection 32CA(1) in relation to the biological or the biological is exempt under subsection 32CA(2);
 (iii) the biological is exempt under section 32CB;
 (iv) the biological is the subject of an approval under subsection 32CK(1) that is held by the person, being an approval covering the importation into Australia of the biological;
 (v) the biological is the subject of an approval under subsection 32CO(1) or (2) that is held by the person; and
 (c) the use of the biological, if the biological were used, would be likely to result in harm or injury to any person.
Penalty: 2,000 penalty units.
 (3) An offence against 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 imports into Australia a biological for use in humans; and
 (b) none of the following subparagraphs applies:
 (i) the biological is included in the Register in relation to the person;
 (ii) the person is exempt under subsection 32CA(1) in relation to the biological or the biological is exempt under subsection 32CA(2);
 (iii) the biological is exempt under section 32CB;
 (iv) the biological is the