Subsection 32BJ (3) years imprisonment and/or For a body corporate - 4,000 penalty units 50,000 penalty units Advertising a medicine, medical device or biological Normal offence – 12 months for a purpose not included in imprisonment and/or 1,000 the ARTG entry for that penalty units product. Strict liability offence - 500 penalty units Section 42C Strict Strict liability - 125 to 250 penalty For an individual – 1,000 to liability units 1,250 penalty units Offences related to offence publication or broadcast of For a body corporate - penalty advertisements that require 10,000 to 12,500 penalty units pre-approval. units Section 42DKB 60 penalty Offence for culpable conduct For an individual – 1,000 to units resulting in harm or injury – 5 1,250 penalty units False or misleading under years imprisonment and/or advertising. For a body corporate - paragraph 4,000 penalty units 10,000 to 12,500 penalty 42DL(1) Strict liability offence - 500 penalty units (d) units Regulation 9 No Offence for culpable conduct For an individual – 5,000 sanction resulting in harm or injury – 5 penalty units Corrective action ordered by for not years imprisonment and/or the Secretary. For a body corporate - complying 4,000 penalty units 50,000 penalty units with the Strict liability offence - 500 order. penalty units Section 42DL 60 penalty 1,000 penalty units For an individual – 5,000 units penalty units Publication or broadcast of This offence is now proposed to advertisement containing apply to all advertisements for For a body corporate - restricted or prohibited therapeutic goods, instead of only 50,000 penalty units representations, reference to applying to advertisements of prescription medicines, therapeutic goods that do not biologicals or unapproved require pre-approval. products, etc. Section 42DM 60 penalty Offence for culpable conduct For an individual – 5,000 units resulting in harm or injury – 5 penalty units Advertisement does not years imprisonment and/or comply with the Code. For a body corporate - 4,000 penalty units 50,000 penalty units Strict liability offence - 1,000 penalty units. This offence is now proposed to apply to all therapeutic goods, instead of only applying to advertisements of therapeutic
Subsection 32BJ (3) Advertising a medicine, medical device or biological for a purpose not included in the ARTG entry for that product. years imprisonment and/or 4,000 penalty units Normal offence – 12 months imprisonment and/or 1,000 penalty units Strict liability offence - 500 penalty units For a body corporate - 50,000 penalty units Section 42C Offences related to publication or broadcast of advertisements that require pre-approval. Strict liability offence penalty units Strict liability - 125 to 250 penalty units For an individual – 1,000 to 1,250 penalty units For a body corporate - 10,000 to 12,500 penalty units Section 42DKB False or misleading advertising. 60 penalty units under paragraph 42DL(1) (d) Offence for culpable conduct resulting in harm or injury – 5 years imprisonment and/or 4,000 penalty units Strict liability offence - 500 penalty units For an individual – 1,000 to 1,250 penalty units For a body corporate - 10,000 to 12,500 penalty units Regulation 9 Corrective action ordered by the Secretary. No sanction for not complying with the order. Offence for culpable conduct resulting in harm or injury – 5 years imprisonment and/or 4,000 penalty units Strict liability offence - 500 penalty units For an individual – 5,000 penalty units For a body corporate - 50,000 penalty units Section 42DL Publication or broadcast of advertisement containing restricted or prohibited representations, reference to prescription medicines, biologicals or unapproved products, etc. 60 penalty units 1,000 penalty units This offence is now proposed to apply to all advertisements for therapeutic goods, instead of only applying to advertisements of therapeutic goods that do not require pre-approval. For an individual – 5,000 penalty units For a body corporate - 50,000 penalty units Section 42DM Advertisement does not comply with the Code. 60 penalty units Offence for culpable conduct resulting in harm or injury – 5 years imprisonment and/or 4,000 penalty units Strict liability offence - 1,000 penalty units. This offence is now proposed to apply to all therapeutic goods, instead of only applying to advertisements of therapeutic For an individual – 5,000 penalty units For a body corporate - 50,000 penalty units