THERAPEUTIC GOODS ACT 1989 - SECT 32JB Criminal offences for failing to comply with a notice etc.

THERAPEUTIC GOODS ACT 1989 - SECT 32JB

  (1)   A person commits an offence if:

  (a)   the person is given a notice under section   32JA; and

  (aa)   the person is covered by paragraph   32JA(1)(b) or (c); and

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

Penalty:   500 penalty units.

Note:   Failure to comply with the notice might also lead to suspension or cancellation of the entry of a biological in the Register (see Divisions   6 and 7).

  (1A)   Subsection   (1) does not apply if the person has a reasonable excuse.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (1A): see subsection   13.3(3) of the Criminal Code .

  (1B)   A person commits an offence if:

  (a)   the person is given a notice under section   32JA; and

  (b)   the person is covered by paragraph   32JA(1)(b) or (c); and

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

Penalty:   100 penalty units.

  (1C)   An offence against subsection   (1B) is an offence of strict liability.

  (1D)   Subsection   (1B) does not apply if the person has a reasonable excuse.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (1D): see subsection   13.3(3) of the Criminal Code .

  (2)   A person commits an offence if:

  (a)   the person is given a notice under section   32JA in relation to a biological; and

  (b)   the person gives information or produces a document in compliance or purported compliance with the notice; and

  (c)   the information or document is false or misleading in a material particular; and

  (d)   either:

  (i)   the use of the biological 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, if the biological were 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.

Note 1:   A jury may acquit a person of an offence against this subsection and may convict the person of an offence against subsection   (5) instead: see section   53A.

Note 2:   For the liability of an executive officer of a body corporate, see sections   54B and 54BA.

  (5)   A person commits an offence if:

  (a)   the person is given a notice under section   32JA; and

  (b)   the person gives information or produces a document in compliance or purported compliance with the notice; and

  (c)   the information or document is false or misleading in a material particular.

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

  (6)   A person commits an offence if:

  (a)   the person is given a notice under section   32JA; and

  (b)   the person gives information or produces a document in compliance or purported compliance with the notice; and

  (c)   the information or document is false or misleading in a material particular.

Penalty:   100 penalty units.

  (7)   An offence against subsection   (6) is an offence of strict liability.