THERAPEUTIC GOODS ACT 1989 - SECT 42E Offence of dealing with counterfeit therapeutic goods

THERAPEUTIC GOODS ACT 1989 - SECT 42E

  (1)   A person commits an offence if:

  (a)   the person intentionally:

  (i)   manufactures goods in Australia; or

  (ii)   supplies goods in Australia; or

  (iii)   imports goods into Australia; or

  (iv)   exports goods from Australia; and

  (b)   the goods are therapeutic goods; and

  (c)   the goods are counterfeit and the person knows that fact or is reckless as to whether that fact exists.

Penalty:   7 years imprisonment or 2,000 penalty units, or both.

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

  (2)   Goods are counterfeit if any of the following contain a false representation of a matter listed in subsection   (3):

  (a)   the label or presentation of the goods;

  (b)   any document or record relating to the goods or their manufacture;

  (c)   any advertisement for the goods.

  (3)   The matters are as follows:

  (a)   the identity or name of the goods;

  (b)   the formulation, composition or design specification of the goods or of any ingredient or component of them;

  (c)   the presence or absence of any ingredient or component of the goods;

  (d)   the strength or size of the goods (other than the size of any pack in which the goods are contained);

  (e)   the strength or size of any ingredient or component of the goods;

  (f)   the sponsor, source, manufacturer or place of manufacture of the goods.

  (5)   To avoid doubt, a term that is defined in subsection   3(1) in relation to therapeutic goods and used in this section in relation to goods has in this section the meaning given by subsection   3(1).