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THERAPEUTIC GOODS ACT 1989 - SECT 41MNA

Civil penalties for breaching conditions

  (1)   A person contravenes this subsection if:

  (a)   a kind of medical device is included in the Register 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 inclusion of the kind of device in the Register.

Maximum civil penalty:

  (a)   for an individual--5,000 penalty units; and

  (b)   for a body corporate--50,000 penalty units.

  (2)   A person contravenes this subsection if:

  (a)   a conformity assessment certificate is issued in respect of 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 conformity assessment certificate.

Maximum civil penalty:

  (a)   for an individual--5,000 penalty units; and

  (b)   for a body corporate--50,000 penalty units.

  (2A)   A person contravenes this subsection if:

  (a)   the person does an act or omits to do an act; and

  (b)   the act or omission breaches:

  (i)   a condition of an exemption applicable under regulations made for the purposes of section   41HA; or

  (ii)   a condition of an approval under section   41HB; or

  (iii)   a condition applicable under regulations made for the purposes of subsection   41HB(7); or

  (iiia)   a condition of an authority under section   41HC; or

  (iv)   a condition of an approval under subsection   41HD(1), (1A) or (2).

Maximum civil penalty:

  (a)   for an individual--5,000 penalty units; and

  (b)   for a body corporate--50,000 penalty units.

  (3)   An Australian corporation contravenes this subsection if:

  (a)   the corporation does an act or omits to do an act; and

  (b)   the act or omission breaches a condition referred to in subsection   41EWA(5).

Maximum civil penalty:   50,000 penalty units.



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