Document ID: chunk:federal_register_of_legislation:C2024C00632:section:21a:p1
Version: federal_register_of_legislation:C2024C00632
Segment Type: section
Provision Reference: s 21A (pt 1/5)
Character Range: 167723–170281

21A  General criminal offences relating to this Part

Offences for making a false or misleading statement
 (1) A person commits an offence if:
 (a) the person makes a statement; and
 (b) the statement is made in or in connection with a certification of any matter under subsection 26A(2) or 26AB(2); and
 (c) the statement is false or misleading in a material particular; and
 (d) either:
 (i) the use of the medicine has resulted in, will result in, or is likely to result in, harm or injury to any person; or
 (ii) the use of the medicine, if the medicine were used, would result in, or would be likely to result in, harm or injury to any person.
Penalty: Imprisonment for 5 years or 4,000 penalty units, or both.
Note 1: A jury may acquit a person of an offence against this subsection and may convict the person of an offence against subsection (4) instead: see section 53A.
Note 2: For the liability of an executive officer of a body corporate, see sections 54B and 54BA.
 (4) A person commits an offence if:
 (a) the person makes a statement; and
 (b) the statement is made in or in connection with a certification of any matter under subsection 26A(2) or 26AB(2); and
 (c) the statement is false or misleading in a material particular.
Penalty: Imprisonment for 12 months or 1,000 penalty units, or both.
 (4A) A person commits an offence if:
 (a) the person makes a statement; and
 (b) the statement is made in or in connection with a certification of any matter under subsection 26A(2) or 26AB(2); and
 (c) the statement is false or misleading in a material particular.
Penalty: 100 penalty units.
 (4B) An offence against subsection (4A) is an offence of strict liability.

Offences relating to breaching a condition of registration or listing of therapeutic goods
 (5) 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; and
 (d) the act or omission has resulted in, will result in, or is likely to result in, harm or injury to any person.
Penalty: Imprisonment for 5 years or 4,000 penalty units, or both.
Note 1: A jury may acquit a person of an offence against this subsection and may convict the person 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