Offences—contravening direction under section 42DV
42DW Offences—contravening direction under section 42DV
A person commits an offence if:
the Secretary has given a direction to the person under subsection 42DV(1) or (2) in relation to therapeutic goods; and
the person does an act or omits to do an act; and
the act or omission contravenes the direction or a condition of the direction; and
either:
the use of the goods has resulted in, will result in, or is likely to result in, harm or injury to any person; or
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; and
the harm or injury has resulted, will result, is likely to result, would result, or would be likely to result, because of the contravention.
Penalty: Imprisonment for 5 years or 4,000 penalty units, or both.
A person commits an offence if:
the Secretary has given a direction to the person under subsection 42DV(1) or (2); and
the person does an act or omits to do an act; and
the act or omission contravenes the direction or a condition of the direction.
Penalty: Imprisonment for 12 months or 1,000 penalty units, or both.
A person commits an offence if:
the Secretary has given a direction to the person under subsection 42DV(1) or (2); and
the person does an act or omits to do an act; and
the act or omission contravenes the direction or a condition of the direction.
Penalty: 100 penalty units.
An offence against subsection (3) is an offence of strict liability.
This Act’s bill:Second reading speech
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