sec.16Liability of particular individuals for offences

sec.16 Liability of particular individuals for offences

This section applies to an individual if— immediately before the commencement it was not unlawful for the individual to deal with goods; and on the commencement— the goods are therapeutic goods under the applied therapeutic goods provisions; and but for this section, the individual would be liable to be prosecuted, or subject to a civil proceeding, for contravention of an applied offence provision for dealing with the goods. For 2 years after the commencement— the individual may deal with the goods to the same extent as the individual was dealing with the goods immediately before the commencement; and the individual is not liable to be prosecuted, or subject to a civil proceeding, for contravention of an applied offence provision for dealing with the goods to the extent mentioned in paragraph (a). This section does not prevent the individual from complying with the applied offence provision. In this section— applied offence provision means an applied therapeutic goods provision creating an offence or civil penalty. The Therapeutic Goods Act 1989 (Cwlth) , Chapter 3 , Part 3 -2, as applied under this Act, creates offences and civil penalties relating to the registration or listing of imported, exported, manufactured or supplied therapeutic goods. deal , with goods, means import, export, manufacture, supply or otherwise use the goods. (sec.16-ssec.1) This section applies to an individual if— immediately before the commencement it was not unlawful for the individual to deal with goods; and on the commencement— the goods are therapeutic goods under the applied therapeutic goods provisions; and but for this section, the individual would be liable to be prosecuted, or subject to a civil proceeding, for contravention of an applied offence provision for dealing with the goods. (sec.16-ssec.2) For 2 years after the commencement— the individual may deal with the goods to the same extent as the individual was dealing with the goods immediately before the commencement; and the individual is not liable to be prosecuted, or subject to a civil proceeding, for contravention of an applied offence provision for dealing with the goods to the extent mentioned in paragraph (a). (sec.16-ssec.3) This section does not prevent the individual from complying with the applied offence provision. (sec.16-ssec.4) In this section— applied offence provision means an applied therapeutic goods provision creating an offence or civil penalty. The Therapeutic Goods Act 1989 (Cwlth) , Chapter 3 , Part 3 -2, as applied under this Act, creates offences and civil penalties relating to the registration or listing of imported, exported, manufactured or supplied therapeutic goods. deal , with goods, means import, export, manufacture, supply or otherwise use the goods.

• (a) immediately before the commencement it was not unlawful for the individual to deal with goods; and