Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Act 2024 (50 of 2024)

Schedule 1   Amendment of the Therapeutic Goods Act 1989

Part 10   Offences and civil penalty provisions for breach of condition of certain exemptions or approvals

Therapeutic Goods Act 1989

100   After subsection 22(5A)

Insert:

(6) A person commits an offence if:

(a) the person does an act or omits to do an act; and

(b) the act or omission results in the breach of:

(i) a condition of an exemption applicable under regulations made for the purposes of subsection 18(1); or

(ii) a condition of an approval or authority under section 19; or

(iii) a condition applicable under regulations made for the purposes of subsection 19(4A); or

(iv) a condition of an approval under section 19A; and

(c) the act or omission has resulted in, will result in, or is likely to result in, harm or injury to any person.

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

Note 1: A jury may acquit a person of an offence against this subsection and may convict the person of an offence against subsection (7) instead: see section 53A.

Note 2: For the liability of an executive officer of a body corporate, see sections 54B and 54BA.