Commonwealth Consolidated Acts

THERAPEUTIC GOODS ACT 1989 - SECT 30H

             (1)  A person commits an offence if:

                     (a)  there are therapeutic goods that are exempt under section 18A; and

                     (b)  a condition of the exemption:

                              (i)  requires the person to keep a record about those goods; or

                             (ii)  specifies the manner in which the person must keep the record; and

                     (c)  the person does an act or omits to do an act in relation to those goods; and

                     (d)  the act or omission results in the breach of that condition of the exemption.

Penalty:  240 penalty units.

             (2)  Strict liability applies to paragraph (1)(b).

Note:          For strict liability, see section 6.1 of the Criminal Code .

             (3)  A person commits an offence if:

                     (a)  there are therapeutic goods that are exempt under section 18A; and

                     (b)  a condition of the exemption:

                              (i)  requires the person to keep a record about those goods; or

                             (ii)  specifies the manner in which the person must keep the record; and

                     (c)  the person does an act or omits to do an act in relation to those goods; and

                     (d)  the act or omission results in the breach of that condition of the exemption.

Penalty:  60 penalty units.

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

Note:          For strict liability, see section 6.1 of the Criminal Code .