Therapeutic Goods Act 1989

This section applies if the Secretary believes, on reasonable grounds, that:

a person is not complying with this Act or an instrument made under this Act in relation to particular goods; and

it is in the interests of public health or safety to give the person directions under this section.

The Secretary may, by written notice, give directions to the person requiring the person to do any of the following, within the period specified in the notice and at the person’s own cost:

relabel, or label, the goods;

repackage the goods;

destroy or otherwise dispose of the goods;

deliver the goods to a specified person to be destroyed or otherwise disposed of in an appropriate manner;

any other thing prescribed by the regulations in relation to the goods.

For variation and revocation of the directions, see subsection 33(3) of the Acts Interpretation Act 1901.

A notice given under subsection (2) must set out the Secretary’s reasons for giving the notice.

A period specified in a notice given under subsection (2) must be reasonable having regard to the circumstances.

A person commits an offence if:

the person is given a notice under subsection (2); and

the person fails to comply with the notice within the period specified in the notice.

A person contravenes this subsection if:

the person is given a notice under subsection (2); and

the person fails to comply with the notice within the period specified in the notice.

for an individual—5,000 penalty units; and

for a body corporate—50,000 penalty units.