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THERAPEUTIC GOODS ACT 1989 - SECT 9G

Criminal offences for false statements in requests for variation of entries in Register

             (1)  A person commits an offence if:

                     (a)  the person makes a statement; and

                     (b)  the statement is made in or in connection with a request under section 9D for the variation of an entry in the Register in relation to therapeutic goods; and

                     (c)  the statement is false or misleading in a material particular; 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.

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

Note:          A jury may acquit a person of an offence against this subsection and may convict the person of an offence against subsection (4) instead: see section 53A.

             (4)  A person commits an offence if:

                     (a)  the person makes a statement; and

                     (b)  the statement is made in or in connection with a request under section 9D for the variation of an entry in the Register in relation to therapeutic goods; and

                     (c)  the statement is false or misleading in a material particular.

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

             (5)  A person commits an offence if:

                     (a)  the person makes a statement; and

                     (b)  the statement is made in or in connection with a request under section 9D for the variation of an entry in the Register in relation to therapeutic goods; and

                     (c)  the statement is false or misleading in a material particular.

Penalty:  100 penalty units.

             (6)  An offence against subsection (5) is an offence of strict liability.



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