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

111   Subsection 41MN(9)

Repeal the subsection, substitute:

Offences relating to breaching a condition of an exemption, approval or authority, or a condition applicable under regulations

(9) A person commits an offence if:

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

(b) the act or omission breaches:

(i) a condition of an exemption applicable under regulations made for the purposes of section 41HA; or

(ii) a condition of an approval under section 41HB; or

(iii) a condition applicable under regulations made for the purposes of subsection 41HB(7); or

(iiia) a condition of an authority under section 41HC; or

(iv) a condition of an approval under subsection 41HD(1), (1A) or (2); 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 (9A) instead: see section 53A.

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

(9A) A person commits an offence if:

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

(b) the act or omission breaches:

(i) a condition of an exemption applicable under regulations made for the purposes of section 41HA; or

(ii) a condition of an approval under section 41HB; or

(iii) a condition applicable under regulations made for the purposes of subsection 41HB(7); or

(iiia) a condition of an authority under section 41HC; or

(iv) a condition of an approval under subsection 41HD(1), (1A) or (2).

Penalty: Imprisonment for 12 months or 1,000 penalty units, or both.

(9B) A person commits an offence of strict liability if:

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

(b) the act or omission breaches:

(i) a condition of an exemption applicable under regulations made for the purposes of section 41HA; or

(ii) a condition of an approval under section 41HB; or

(iii) a condition applicable under regulations made for the purposes of subsection 41HB(7); or

(iiia) a condition of an authority under section 41HC; or

(iv) a condition of an approval under subsection 41HD(1), (1A) or (2).

Penalty: 100 penalty units.