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THERAPEUTIC GOODS ACT 1989 - SECT 41MEA

Civil penalties for failing to apply conformity assessment procedures--manufacturers

Civil penalty relating to supplying a medical device

  (1)   A person contravenes this subsection if:

  (a)   the person supplies a medical device in Australia; and

  (b)   the person has manufactured the device; and

  (c)   the conformity assessment procedures have not been applied to the device; and

  (d)   the device is not of a kind covered by an exemption in force under section   41GS.

Maximum civil penalty:

  (a)   for an individual--5,000 penalty units; and

  (b)   for a body corporate--50,000 penalty units.

Civil penalty relating to exporting a medical device

  (2)   A person contravenes this subsection if:

  (a)   the person exports a medical device from Australia; and

  (b)   the person has manufactured the device; and

  (c)   the conformity assessment procedures have not been applied to the device; and

  (d)   the device is not of a kind covered by an exemption in force under section   41GS.

Maximum civil penalty:

  (a)   for an individual--5,000 penalty units; and

  (b)   for a body corporate--50,000 penalty units.


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