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The Therapeutic Goods Amendment Bill 2005
How It Will Increase Penalties for Natural Medicines (Natural Health Products)
A table of existing and propsed penalties relating to Natuarl Medicines by Mike Browning

Section

Offence

Existing Penalty (PP)

Existing Penalty (A)

Existing Penalty (Jail time)

Proposed Penalty (PP)

Proposed Penalty (A)

Proposed Penalty (Jail time)

s20

Supply a NM without telling TGA, who manufactured it and where.

1,000

$110,000

1 yr

5,000 for indvd, 50,000 for corp

$550,000 for indvd, $5,500,000 for corp

-

s20

Supply an unlisted NM that is not exempt from listing.

1,000

$110,000

1 yr

No change

-

-

s21

Wholesale supply of an unlisted NM.

120

$13,200

-

No change

-

-

s21/22

Breach a listing condition.

60

$6,600

-

5,000 for indvd, 50,000 for corp

$550,000 for indvd, $5,500,000 for corp

-

s21B/22

Present a NM as being listed on ARTG when it is actually unlisted.

60

$6,600

-

5,000 for indvd, 50,000 for corp

$550,000 for indvd, $5,500,000 for corp

-

s21A

Treat a patient with an unlisted NM, against TGA req'ts, which will cause harm.

Not in act

-

-

4,000

$440,000

5 yrs

s21A

Treat a patient with an unlisted NM, against TGA's req'ts, which might cause harm.

Not in act

-

-

2,000

$220,000

-

s22

Breach a condition req'd for exemption from listing the NM on ARTG.

60

$6,600

-

500 or 2,000

$55,000 or $220,000

-

s14

Import or supply a NM that does not meet TGA std's.

1,000

$110,000

1 yr

-

-

-

s14

Import or supply non std NM which will cause harm because it's non std.

-

-

-

4,000

$440,000

5 yrs

s14

Import or supply non std NM which might cause harm because it's non std.

-

-

-

1,000

$110,000

1 yr

s29A

Not promptly telling TGA the following news :

•  info sent to TGA was incorrect, or

•  NM might be harmful, or

•  quality or safety of NM is unacceptable.

400

$48,400

-

3,000 for indvd,

30,000 for corp

$330,000 for indvd,

$3,300,00 for corp

1 yr

s31D

Give false info to get an exemption.

-

-

1 yr

1,000

$110,000

1 yr

s35

Manufacture a NM without a licence nor exemption from listing it.

1,000

$110,000

1 yr

5,000 for indvd, 50,000 for corp

$550,000 for indvd, $5,500,000 for corp

1 yr

s35

Manufacture a NM in breach of a listing condition.

1,000

$110,000

1 yr

5,000 for indvd, 50,000 for corp

$550,000 for indvd, $5,500,000 for corp

1 yr

s35

Mfr a NM without a licence, and NM will harm.

-

-

-

-

-

5 yrs

s35

Mfr a NM without a licence, and NM might harm.

-

-

-

2,000

$220,000

 

 

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