45Offence—supply of expired therapeutic goods

45 Offence—supply of expired therapeutic goods

45 Offence—supply of expired therapeutic goods

(1) A person must not, without reasonable excuse, supply scheduled substances or therapeutic goods that do not contain a scheduled substance (applicable goods) after the expiry date stated on or in relation to the applicable goods in accordance with a standard that applies to the applicable goods.

Maximum penalty—Tier 5 penalty.

(2) A standard applies to applicable goods for subsection (1) if the standard is—

(a) a standard specified in an order under the Commonwealth Therapeutic Goods Act that applies to the goods, or

(b) if no order applies to the goods under the Commonwealth Therapeutic Goods Act but there is a relevant monograph about the goods—a standard specified in the relevant monograph.

(3) This section applies only to a person who supplies applicable goods in the course of practising the person’s profession or employment.

(4) In this section—

relevant monograph means—

(a) for applicable goods for use in or on humans—a monograph in the British, European or United States Pharmacopoeia, or

(b) for applicable goods for use in or on animals—a monograph in the British Pharmacopoeia (Veterinary) or United States Pharmacopoeia (Veterinary).