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