Commonwealth Consolidated Acts

THERAPEUTIC GOODS ACT 1989 - SECT 45AC

Fault - based offence

  (1)   A person commits an offence if:

  (a)   the person is given a notice under section   45AB; and

  (b)   the person fails to comply with the notice.

Penalty:   500 penalty units.

Strict liability offence

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

  (a)   the person is given a notice under section   45AB; and

  (b)   the person fails to comply with the notice.

Penalty:   100 penalty units.

Exception

  (3)   Subsection   (1) or (2) does not apply if the person has a reasonable excuse.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (3): see subsection   13.3(3) of the Criminal Code .