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THERAPEUTIC GOODS ACT 1989 - SECT 32EF

Criminal offences for breach of condition

             (1)  A person commits an offence if:

                     (a)  a biological is included in the Register in relation to the person; and

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

                     (c)  the act or omission breaches a condition of the inclusion of the biological in the Register; and

                     (d)  the act or omission has resulted in, will result in, or is likely to result in, harm or injury to any person.

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

Note 1:       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.

Note 2:       For the liability of an executive officer of a body corporate, see sections 54B and 54BA.

             (4)  A person commits an offence if:

                     (a)  a biological is included in the Register in relation to the person; and

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

                     (c)  the act or omission breaches a condition of the inclusion of the biological in the Register.

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

             (5)  A person commits an offence if:

                     (a)  a biological is included in the Register in relation to the person; and

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

                     (c)  the act or omission breaches a condition of the inclusion of the biological in the Register.

Penalty:  100 penalty units.

             (6)  An offence against subsection (5) is an offence of strict liability.



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