Document ID: chunk:federal_register_of_legislation:C2018A00007:clause:6_42dla
Version: federal_register_of_legislation:C2018A00007
Segment Type: clause
Provision Reference: sch 6 cl 42DLA
Character Range: 122884–124290

42DLA  Advertising offences—contravening section 42DKB notice
 (1) A person commits an offence if:
 (a) the Secretary has given a notice to the person under section 42DKB in relation to therapeutic goods; and
 (b) the person does an act or omits to do an act; and
 (c) the act or omission contravenes the notice; 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 of the contravention.
Penalty: Imprisonment for 5 years or 4,000 penalty units, or both.
 (2) A person commits an offence if:
 (a) the Secretary has given a notice to the person under section 42DKB; and
 (b) the person does an act or omits to do an act; and
 (c) the act or omission contravenes the notice.
Penalty: Imprisonment for 12 months or 1,000 penalty units, or both.
 (3) A person commits an offence if:
 (a) the Secretary has given a notice to the person under section 42DKB; and
 (b) the person does an act or omits to do an act; and
 (c) the act or omission contravenes the notice.
Penalty: 100 penalty units.
 (4) An offence against subsection (3) is an offence of strict liability.