• Specific Year
    Any

THERAPEUTIC GOODS ACT 1989 - SECT 32BJ General criminal offences relating to this Part

THERAPEUTIC GOODS ACT 1989 - SECT 32BJ

General criminal offences relating to this Part

Including incorrect biological number on containers etc.

  (1)   A person commits an offence if:

  (a)   the person sets out or causes to be set out, on a container or package that contains a biological or on a label of a biological, a number that purports to be the biological number of the biological; and

  (b)   the number is not that biological number.

Penalty:   60 penalty units.

  (2)   For the purposes of subsection   (1), number includes any combination of one or more of the following:

  (a)   numbers;

  (b)   letters;

  (c)   symbols.

Advertising biological for an indication

  (2A)   A person commits an offence if:

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

  (b)   the biological is included in the Register; and

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

  (d)   either:

  (i)   the use of the biological for the advertised indication has resulted in, will result in, or is likely to result in, harm or injury to any person; or

  (ii)   the use of the biological for the advertised indication, if the biological were so used, would result in, or would be likely to result in, harm or injury to any person.

Penalty:   Imprisonment for 5 years or 4,000 penalty units, or both.

  (2B)   A person commits an offence if:

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

  (b)   the biological is included in the Register; and

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

Penalty:   Imprisonment for 12 months or 1,000 penalty units, or both.

  (3)   A person commits an offence if:

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

  (b)   the biological is included in the Register; and

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

Penalty:   100 penalty units.

  (3A)   An offence against subsection   (3) is an offence of strict liability.

Download

No downloadable files available