Document ID: chunk:federal_register_of_legislation:C2010A00054:clause:1_32bi:p2
Version: federal_register_of_legislation:C2010A00054
Segment Type: clause
Provision Reference: sch 1 cl 32BI (pt 2/2)
Character Range: 44752–46200

used the biological in the treatment of another person—the use of the biological is likely to result in harm or injury to that other person; or
 (ii) if the person used the biological solely for experimental purposes in humans—the use of the biological is likely to result in harm or injury to any of those humans.
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 uses a biological; and
 (b) the biological is used:
 (i) in the treatment of another person; or
 (ii) solely for experimental purposes in humans; and
 (c) none of the following subparagraphs applies:
 (i) the biological is included in the Register;
 (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 32CO(1) or (2);
 (v) the person uses the biological in accordance with an approval under subsection 32CK(1);
 (vi) the person uses the biological in accordance with a condition applicable under regulations made for the purposes of section 32CL;
 (vii) the person uses the biological in accordance with an authority under subsection 32CM(1).
Penalty for contravention of this subsection: 500 penalty units.