Commonwealth Consolidated Acts

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THERAPEUTIC GOODS ACT 1989 - SECT 62

Protection from criminal responsibility

  (1)   A protected person who, for the purpose of finding out whether this Act or the regulations have been complied with, obtains, possesses or conveys, or facilitates the conveyance of, goods is not criminally responsible for an offence against a law of the Commonwealth, or a State law, relating to the obtaining, possession, conveyance or facilitation of the conveyance of the goods.

  (2)   If a protected person, in connection with finding out whether this Act or the regulations have been complied with, arranges for another person to convey goods, the other person is not criminally responsible for an offence against a law of the Commonwealth, or a State law, relating to:

  (a)   the possession of the goods by the other person, to the extent the possession is in connection with that conveyance of the goods; or

  (b)   that conveyance of the goods.

  (3)   In this section:

"protected person" means any of the following:

  (a)   an APS employee in the Department;

  (b)   a person of a kind prescribed by the regulations.


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