Therapeutic Goods Act 1989

A person contravenes this section if:

the person makes a representation of a kind referred to in subsection (2); and

the representation is false or misleading.

for an individual—5,000 penalty units; and

for a body corporate—50,000 penalty units.

Subsection (1) applies to the following representations:

representations that medical devices are of a kind included in the Register;

representations that medical devices are exempt devices;

representations that medical devices are the subject of an approval under section 41HB or an authority under section 41HC;

representations that medical devices are the subject of an approval under subsection 41HD(1), (1A) or (2).