Document ID: chunk:federal_register_of_legislation:C2024C00632:section:41rd
Version: federal_register_of_legislation:C2024C00632
Segment Type: section
Provision Reference: s 41RD
Character Range: 913042–914489

41RD  Offences and civil penalty provision—breaching condition of a consent

Offences
 (1) A person commits an offence if:
 (a) the person does an act or omits to do an act; and
 (b) the act or omission breaches a condition of a consent imposed under subsection 41RC(2); and
 (c) the act or omission has resulted in, will result in, or is likely to result in, harm or injury to any person.
Penalty: 2,000 penalty units.
Note: For the liability of an executive officer of a body corporate, see sections 54B and 54BA.
 (2) A person commits an offence if:
 (a) the person does an act or omits to do an act; and
 (b) the act or omission breaches a condition of a consent imposed under subsection 41RC(2).
Penalty: 500 penalty units.
 (3) A person commits an offence of strict liability if:
 (a) the person does an act or omits to do an act; and
 (b) the act or omission breaches a condition of a consent imposed under subsection 41RC(2).
Penalty: 100 penalty units.

Civil penalty provision
 (4) A person contravenes this subsection if:
 (a) the person does an act or omits to do an act; and
 (b) the act or omission breaches a condition of a consent imposed under subsection 41RC(2).
Maximum civil penalty:
 (a) for an individual—3,000 penalty units; and
 (b) for a body corporate—30,000 penalty units.

Chapter 5—Advertising, counterfeit therapeutic goods and product tampering

Part 5‑1—Advertising and generic information

Division 1—Preliminary