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THERAPEUTIC GOODS ACT 1989 - SECT 42YKE

Effect of this Part

    This Part does not:

  (a)   require an infringement notice to be given to a person for an alleged contravention of a provision of this Act or the regulations that is an offence of strict liability or an alleged contravention of a civil penalty provision; or

  (b)   affect the liability of a person for an alleged contravention of a provision of this Act or the regulations that is an offence of strict liability or an alleged contravention of a civil penalty provision if:

  (i)   the person does not comply with an infringement notice given to the person for the contravention; or

  (ii)   an infringement notice is not given to the person for the contravention; or

  (iii)   an infringement notice is given to the person for the contravention and is subsequently withdrawn; or

  (c)   prevent the giving of 2 or more infringement notices to a person for an alleged contravention of a provision of this Act or the regulations that is an offence of strict liability or an alleged contravention of a civil penalty provision; or

  (d)   limit a court's discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened a provision of this Act or the regulations that is an offence of strict liability or to have contravened a civil penalty provision.

 


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