THERAPEUTIC GOODS ACT 1989 - SECT 21B General civil penalties relating to this Part

THERAPEUTIC GOODS ACT 1989 - SECT 21B

Civil penalty for making a false or misleading statement

  (1)   A person contravenes this subsection if the person, in or in connection with a certification of any matter under subsection   26A(2) or 26AB(2), makes a statement that is false or misleading in a material particular.

Maximum civil penalty:

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

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

Civil penalty relating to breaching a condition of registration or listing of therapeutic goods

  (2)   A person contravenes this subsection if:

  (a)   therapeutic goods are registered or listed in relation to the person; and

  (b)   the person does an act or omits to do an act that breaches a condition of the registration or listing of the goods.

Maximum civil penalty:

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

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

Civil penalty for falsely representing therapeutic goods

  (3)   A person contravenes this subsection if:

  (a)   the person represents therapeutic goods that are not included in the Register as being so included; or

  (b)   the person represents therapeutic goods that are not exempt goods as being exempt goods; or

  (c)   the person represents therapeutic goods that are not goods exempt under section   18A as being goods exempt under that section; or

  (d)   the person represents therapeutic goods that are included in one part of the Register as being included in another part of the Register; or

  (e)   the person represents therapeutic goods that are not the subject of an approval or authority under section   19 as being the subject of such an approval or authority; or

  (f)   the person represents therapeutic goods that are not the subject of an approval under section   19A as being the subject of such an approval.

Maximum civil penalty:

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

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

Civil penalty for advertising therapeutic goods for an indication

  (4)   A person contravenes this subsection if:

  (a)   the person, by any means, advertises therapeutic goods for an indication; and

  (b)   the therapeutic goods are included in the Register; and

  (c)   the indication is not an indication accepted in relation to that inclusion.

Maximum civil penalty:

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

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