THERAPEUTIC GOODS ACT 1989 - SECT 42DW Offences--contravening direction under section 42DV

THERAPEUTIC GOODS ACT 1989 - SECT 42DW

  (1)   A person commits an offence if:

  (a)   the Secretary has given a direction to the person under subsection   42DV(1) or (2) in relation to therapeutic goods; and

  (b)   the person does an act or omits to do an act; and

  (c)   the act or omission contravenes the direction or a condition of the direction; and

  (d)   either:

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

  (ii)   the use of the goods, if the goods were used, would result in, or would be likely to result in, harm or injury to any person; and

  (e)   the harm or injury has resulted, will result, is likely to result, would result, or would be likely to result, because of the contravention.

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

  (2)   A person commits an offence if:

  (a)   the Secretary has given a direction to the person under subsection   42DV(1) or (2); and

  (b)   the person does an act or omits to do an act; and

  (c)   the act or omission contravenes the direction or a condition of the direction.

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

  (3)   A person commits an offence if:

  (a)   the Secretary has given a direction to the person under subsection   42DV(1) or (2); and

  (b)   the person does an act or omits to do an act; and

  (c)   the act or omission contravenes the direction or a condition of the direction.

Penalty:   100 penalty units.

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