Document ID: chunk:federal_register_of_legislation:C2007C00653:clause:1_14:p3
Version: federal_register_of_legislation:C2007C00653
Segment Type: clause
Provision Reference: sch 1 cl 14 (pt 3/3)
Character Range: 8370–10304

used, would result in harm or injury to any person; and
 (e) the harm or injury has resulted, will result, or would result, because the goods do not conform with the standard.

Maximum penalty: Imprisonment for 5 years or 4,000 penalty units, or both.

Note: A jury may acquit a person of an offence against this subsection and may convict the person of an offence against subsection (13) instead: see section 53A.

 (11) A person commits an offence if:
 (a) the person exports therapeutic goods from Australia; and
 (b) the goods are exported without the consent in writing of the Secretary; and
 (c) the goods do not conform with a standard applicable to the goods (other than a standard relating to the labelling of the goods for supply in Australia); and
 (d) the use of the goods, if the goods were used, would be likely to result in harm or injury to any person; and
 (e) the harm or injury would be likely to result because the goods do not conform with the standard.

Maximum penalty: 2,000 penalty units.

 (12) Subsection (11) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

 (13) A person commits an offence if:
 (a) the person exports therapeutic goods from Australia; and
 (b) the goods are exported without the consent in writing of the Secretary; and
 (c) the goods do not conform with a standard applicable to the goods (other than a standard relating to the labelling of the goods for supply in Australia).

Maximum penalty: Imprisonment for 12 months or 1,000 penalty units, or both.

Decisions on whether to give consent

 (14) The Secretary must, as soon as practicable after making a decision to give a consent, cause particulars of the decision to be published in the Gazette.

 (15) The Secretary must, within 28 days after making a decision to refuse to give a consent, notify the applicant in writing of the decision and of the reasons for the decision.