Commonwealth Consolidated Acts

THERAPEUTIC GOODS ACT 1989 - SECT 41AE

  (1)   A person commits an offence if:

  (a)   the person produces a document to the Secretary; and

  (b)   the person does so knowing that the document is false or misleading; and

  (c)   the document is produced in compliance, or purported compliance, with a notice given under section   41AB.

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

  (2)   Subsection   (1) does not apply if the document is not false or misleading in a material particular.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (2).

  (3)   Subsection   (1) does not apply to a person who produces a document if the document is accompanied by a written statement signed by the person or, in the case of a body corporate, by a competent officer of the body corporate:

  (a)   stating that the document is, to the knowledge of the first - mentioned person, false or misleading in a material particular; and

  (b)   setting out, or referring to, the material particular in which the document is, to the knowledge of the first - mentioned person, false or misleading.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (3).