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

Schedule 1   Amendment of the Therapeutic Goods Act 1989

Part 4   Enforceable directions and forfeiture

Therapeutic Goods Act 1989

51   At the end of Chapter 5A

Add:

Part 5A-5 - Enforceable directions

42YS Simplified outline of this Part

If the Secretary believes, on reasonable grounds, that:

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

(b) it is necessary to exercise powers under this Part to protect the health and safety of humans;

the Secretary may, by written notice, give directions to the person requiring the person to do specified things in relation to the goods within the period specified in the notice and at the person's own cost.

The person may commit an offence or be liable to a civil penalty if the person fails to comply with the notice.

42YT Secretary may give directions if this Act or an instrument is not being complied with

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

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

(b) it is necessary to exercise powers under this section to protect the health and safety of humans.

Note: Paragraph (b) covers protecting the health and safety of humans in relation to the environment.

(2) 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:

(a) relabel, or label, the goods in compliance with this Act or the instrument;

(b) repackage the goods in compliance with this Act or the instrument;

(c) destroy or otherwise dispose of the goods;

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

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

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

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

Offence

(4) A person commits an offence if:

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

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

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

Civil penalty provision

(5) A person contravenes this subsection if:

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

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

Maximum civil penalty:

(a) for an individual - 5,000 penalty units; and

(b) for a body corporate - 50,000 penalty units.