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THERAPEUTIC GOODS ACT 1989 - SECT 42DLA

Advertising offences--contravening section 42DKB notice

             (1)  A person commits an offence if:

                     (a)  the Secretary has given a notice to the person under section 42DKB in relation to therapeutic goods; and

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

                     (c)  the act or omission contravenes the notice; and

                     (d)  either:

                              (i)  the use of the goods has resulted in, will result in, or is likely to result in, harm or injury to any person; or

                             (ii)  the use of the goods, if the goods 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 of the contravention.

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

             (2)  A person commits an offence if:

                     (a)  the Secretary has given a notice to the person under section 42DKB; and

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

                     (c)  the act or omission contravenes the notice.

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

             (3)  A person commits an offence if:

                     (a)  the Secretary has given a notice to the person under section 42DKB; and

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

                     (c)  the act or omission contravenes the notice.

Penalty:  100 penalty units.

             (4)  An offence against subsection (3) is an offence of strict liability.



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