Commonwealth Consolidated Acts

NATIONAL HEALTH ACT 1953 - SECT 99AEKD

Notification of likely breach of the minimum stockholding requirement

  (1)   If:

  (a)   a brand of a pharmaceutical item is subject to the minimum stockholding requirement; and

  (b)   the responsible person for the brand of the pharmaceutical item forms the belief that the person is likely to breach section   99AEKB in relation to the brand of the pharmaceutical item;

the person must:

  (c)   give the Minister a written notice that:

  (i)   informs the Minister of that belief; and

  (ii)   sets out the person's reasons for that belief; and

  (d)   do so as soon as practicable after forming that belief.

Notification of breach of the minimum stockholding requirement

  (2)   If:

  (a)   a brand of a pharmaceutical item is subject to the minimum stockholding requirement; and

  (b)   the responsible person for the brand of the pharmaceutical item has breached section   99AEKB in relation to the brand of the pharmaceutical item;

the person must:

  (c)   give the Minister a written notice that:

  (i)   informs the Minister of the breach; and

  (ii)   sets out the person's reasons for the breach; and

  (d)   do so as soon as practicable after the breach.

Offence

  (3)   A person commits an offence if:

  (a)   the person is subject to a requirement under subsection   (1) or (2); and

  (b)   the person omits to do an act; and

  (c)   the omission breaches the requirement.

Penalty:   60 penalty units.

  (4)   Subsection   4K(2) of the Crimes Act 1914 , which creates daily or continuing offences, does not apply to an offence against subsection   (3) of this section.