Document ID: chunk:federal_register_of_legislation:C2024C00632:section:21a:p2
Version: federal_register_of_legislation:C2024C00632
Segment Type: section
Provision Reference: s 21A (pt 2/5)
Character Range: 170046–172608

of an offence against subsection (8) instead: see section 53A.
Note 2: For the liability of an executive officer of a body corporate, see sections 54B and 54BA.
 (8) A person commits an offence if:
 (a) therapeutic goods are registered or listed in relation to the person; and
 (b) the person does an act or omits to do an act; and
 (c) the act or omission breaches a condition of the registration or listing of the goods.
Penalty: Imprisonment for 12 months or 1,000 penalty units, or both.
 (8A) A person commits an offence if:
 (a) therapeutic goods are registered or listed in relation to the person; and
 (b) the person does an act or omits to do an act; and
 (c) the act or omission breaches a condition of the registration or listing of the goods.
Penalty: 100 penalty units.
 (8B) An offence against subsection (8A) is an offence of strict liability.

Offences relating to the supply of therapeutic goods in breach of authority etc.
 (9) A person commits an offence if:
 (a) the Secretary has authorised, under subsection 19(5), the person to supply therapeutic goods; and
 (b) the person supplies those goods; and
 (c) any of the following applies:
 (i) the supply is not in accordance with the authority; or
 (ii) the supply is not in accordance with the conditions to which the authority is subject; or
 (iii) the supply is not in accordance with regulations made for the purpose of subsection 19(7); and
 (d) either:
 (i) the use of the goods has resulted in, will result in, or is likely to result in, harm or injury to any person; or
 (ii) the use of the goods, if the goods were used, would result in, or would be likely to result in, harm or injury to any person; and
 (e) the harm or injury has resulted, will result, is likely to result, would result, or would be likely to result, because:
 (i) the supply is not in accordance with the authority; or
 (ii) the supply is not in accordance with the conditions to which the authority is subject; or
 (iii) the supply is not in accordance with regulations made for the purpose of subsection 19(7).
Penalty: Imprisonment for 5 years or 4,000 penalty units, or both.
 (9A) A person commits an offence if:
 (a) the Secretary has authorised, under subsection 19(5), the person to supply therapeutic goods; and
 (b) the person supplies those goods; and
 (c) any of the following applies:
 (i) the supply is not in accordance with the authority;
 (ii) the supply is not in accordance with the conditions to which the authority is subject;
 (iii) the supply is not in accordance with regulations made for