THERAPEUTIC GOODS ACT 1989 - SECT 41AD False or misleading information--offence

THERAPEUTIC GOODS ACT 1989 - SECT 41AD

  (1)   A person commits an offence if:

  (a)   the person is given a notice under section   41AB; and

  (b)   the person gives information to the Secretary in compliance, or purported compliance, with the notice; and

  (c)   the person does so knowing that the information:

  (i)   is false or misleading; or

  (ii)   omits any matter or thing without which the information is misleading.

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

  (2)   Subsection   (1) does not apply as a result of subparagraph   (1)(c)(i) if the information is not false or misleading in a material particular.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (2).

  (3)   Subsection   (1) does not apply as a result of subparagraph   (1)(c)(ii) if the information did not omit any matter or thing without which the information is misleading in a material particular.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (3).