Document ID: chunk:federal_register_of_legislation:C2004A00712:clause:2_42w
Version: federal_register_of_legislation:C2004A00712
Segment Type: clause
Provision Reference: sch 2 cl 42W
Character Range: 20784–22182

42W  Supply etc. of therapeutic goods that are subject to recovery requirements

 (1) A person is guilty of an offence if:
 (a) the person supplies therapeutic goods in Australia; and
 (b) either:
 (i) the person knows that the therapeutic goods are of a kind, or are included in a batch, in respect of which requirements have been imposed under section 42V, on that person or another person, to recover therapeutic goods; or
 (ii) the therapeutic goods are of such a kind, or are included in such a batch, and the person is reckless as to that fact; and
 (c) the Secretary has not consented in writing to the supply.

Maximum penalty: 240 penalty units.

 (2) A person is guilty of an offence if:
 (a) the person exports therapeutic goods from Australia; and
 (b) either:
 (i) the person knows that the therapeutic goods are of a kind, or are included in a batch, in respect of which requirements have been imposed under section 42V, on that person or another person, to recover therapeutic goods; or
 (ii) the therapeutic goods are of such a kind, or are included in such a batch, and the person is reckless as to that fact; and
 (c) the Secretary has not consented in writing to the exportation.

Maximum penalty: 240 penalty units.

 (3) The Secretary must not give consent relating to an exportation unless satisfied that there are exceptional circumstances that justify giving the consent.