Commonwealth Consolidated Acts

THERAPEUTIC GOODS ACT 1989 - SECT 41RD

Offences

  (1)   A person commits an offence if:

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

  (b)   the act or omission breaches a condition of a consent imposed under subsection   41RC(2); and

  (c)   the act or omission has resulted in, will result in, or is likely to result in, harm or injury to any person.

Penalty:   2,000 penalty units.

Note:   For the liability of an executive officer of a body corporate, see sections   54B and 54BA.

  (2)   A person commits an offence if:

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

  (b)   the act or omission breaches a condition of a consent imposed under subsection   41RC(2).

Penalty:   500 penalty units.

  (3)   A person commits an offence of strict liability if:

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

  (b)   the act or omission breaches a condition of a consent imposed under subsection   41RC(2).

Penalty:   100 penalty units.

Civil penalty provision

  (4)   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 a condition of a consent imposed under subsection   41RC(2).

Maximum civil penalty:

  (a)   for an individual--3,000 penalty units; and

  (b)   for a body corporate--30,000 penalty units.