Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

THERAPEUTIC GOODS ACT 1989 - SECT 32CN

Criminal offences relating to the giving of an authority to a health practitioner

  (1)   A person commits an offence if:

  (a)   the Secretary has authorised, under subsection   32CM(1), the person to supply a biological; and

  (b)   the person supplies the biological; and

  (c)   any of the following applies:

  (i)   the supply is not in accordance with the authority;

  (ii)   the supply is not in accordance with the conditions to which the authority is subject;

  (iii)   the supply is not in accordance with regulations made for the purpose of subsection   32CM(6); 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; and

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

  (i)   the supply is not in accordance with the authority; or

  (ii)   the supply is not in accordance with the conditions to which the authority is subject; or

  (iii)   the supply is not in accordance with regulations made for the purpose of subsection   32CM(6).

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

Note:   A jury may acquit a person of an offence against this subsection and may convict the person of an offence against subsection   (4) instead: see section   53A.

  (4)   A person commits an offence if:

  (a)   the Secretary has authorised, under subsection   32CM(1), the person to supply a biological; and

  (b)   the person supplies the biological; and

  (c)   any of the following applies:

  (i)   the supply is not in accordance with the authority;

  (ii)   the supply is not in accordance with the conditions to which the authority is subject;

  (iii)   the supply is not in accordance with regulations made for the purpose of subsection   32CM(6).

Penalty:   500 penalty units.

  (4A)   A person commits an offence if:

  (a)   the Secretary has authorised, under subsection   32CM(1), the person to supply a biological; and

  (b)   the person supplies the biological; and

  (c)   any of the following applies:

  (i)   the supply is not in accordance with the authority;

  (ii)   the supply is not in accordance with the conditions to which the authority is subject;

  (iii)   the supply is not in accordance with regulations made for the purpose of subsection   32CM(6).

Penalty:   100 penalty units.

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

  (5)   A person commits an offence if:

  (a)   the person is a health practitioner; and

  (b)   the person is included in a class of health practitioners specified in subsection   32CM(7A) rules; and

  (c)   the person supplies a biological specified in those rules; and

  (d)   any of the following applies:

  (i)   the supply is not in accordance with those rules;

  (ii)   the supply is not in the circumstances specified in those rules;

  (iii)   the supply is not in accordance with the conditions specified in those rules; and

  (e)   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; and

  (f)   the harm or injury has resulted, will result, is likely to result, would result, or would be likely to result, because:

  (i)   the supply is not in accordance with those rules; or

  (ii)   the supply is not in the circumstances specified in those rules; or

  (iii)   the supply is not in accordance with the conditions specified in those rules.

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

  (7)   A person commits an offence if:

  (a)   the person is a health practitioner; and

  (b)   the person is included in a class of health practitioners specified in subsection   32CM(7A) rules; and

  (c)   the person supplies a biological specified in those rules; and

  (d)   any of the following applies:

  (i)   the supply is not in accordance with those rules;

  (ii)   the supply is not in the circumstances specified in those rules;

  (iii)   the supply is not in accordance with the conditions specified in those rules.

Penalty:   500 penalty units.

  (8)   A person commits an offence if:

  (a)   the person is a health practitioner; and

  (b)   the person is included in a class of health practitioners specified in subsection   32CM(7A) rules; and

  (c)   the person supplies a biological specified in those rules; and

  (d)   any of the following applies:

  (i)   the supply is not in accordance with those rules;

  (ii)   the supply is not in the circumstances specified in those rules;

  (iii)   the supply is not in accordance with the conditions specified in those rules.

Penalty:   100 penalty units.

  (9)   An offence against subsection   (8) is an offence of strict liability.

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback