Commonwealth Consolidated Acts

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THERAPEUTIC GOODS ACT 1989 - SECT 54C

Establishing whether an executive officer took reasonable steps to prevent the commission of an offence or the contravention of a civil penalty provision

             (1)  For the purposes of section 54B, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent the commission of the offence or the contravention of a civil penalty provision, a court is to have regard to:

                     (a)  what action (if any) the officer took towards ensuring that the body's employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with this Act and the regulations, in so far as those requirements affect the employees, agents or contractors concerned; and

                     (b)  what action (if any) the officer took when he or she became aware that the body was committing an offence against, or otherwise contravening, this Act or the regulations.

             (2)  This section does not, by implication, limit the generality of section 54B.

             (3)  In this section, executive officer has the same meaning as in section 54B.



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