The Court granted leave under s 500(2) of the Corporations Act to proceed against a company in liquidation for civil penalty contraventions of the TG Act, imposed an agreed penalty of $1,750,000 on the company and $250,000 on an individual (with $70,000 suspended for 10 years), and made declarations reflecting the import and supply of 255,000 unregistered rapid antigen tests and false representations that they were TGA-approved. The Court declined to make a declaration that representations were 'otherwise false and misleading' under s 41MLA beyond the specific ground of falsely representing inclusion in the ARTG, holding that insufficient specificity had been provided for the broader declaration. The Court also declined to further delineate courses of conduct beyond the three categories of import, supply and misrepresentation, finding the proposed sub-categories were not supported by the agreed facts or were not useful to the penalty assessment.
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