Commonwealth Consolidated Acts

THERAPEUTIC GOODS ACT 1989 - SECT 41KC

  (1)   A person commits an offence if:

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

  (b)   the act or omission breaches a requirement imposed on the person under section   41KA; and

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

  (b)   the act or omission breaches a requirement imposed on the person under section   41KA.

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

  (5)   A person commits an offence if:

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

  (b)   the act or omission breaches a requirement imposed on the person under section   41KA.

Penalty:   100 penalty units.

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