Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person commits an offence if:
(a) the person makes a statement; and
(b) the statement is made in or in connection with an application for registration of therapeutic goods; and
(c) the statement is false or misleading in a material particular; 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.
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 an application for registration of therapeutic goods; and
(c) the statement is false or misleading in a material particular.
Penalty: Imprisonment for 12 months or 1,000 penalty units, or both.
(5) A person commits an offence if:
(a) the person makes a statement; and
(b) the statement is made in or in connection with an application for registration of therapeutic goods; and
(c) the statement is false or misleading in a material particular.
(6) An offence against subsection (5) is an offence of strict liability.