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, or will result in, harm or injury to any person; or
(ii) the use of the goods, if the goods were used, would result in harm or injury to any person.
Maximum penalty: Imprisonment for 5 years or 4,000 penalty units, or both.
Note: 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.
(2) 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) the use of the goods, if the goods were used, would be likely to result in harm or injury to any person.
Maximum penalty: 2,000 penalty units.
(3) Subsection (2) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .
(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.
Maximum penalty: Imprisonment for 12 months or 1,000 penalty units, or both.
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