Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Secretary, Department of Health and Ageing v Export Corporation (Australia) Pty Ltd [2012] FCA 42 Citation: Secretary, Department of Health and Ageing v Export Corporation (Australia) Pty Ltd [2012] FCA 42
Parties: SECRETARY, DEPARTMENT OF HEALTH AND AGEING v EXPORT CORPORATION (AUSTRALIA) PTY LTD ACN 009 441 632
File number: ACD 38 of 2009
Judge: PERRAM J
Date of judgment: 3 February 2012
Catchwords: JUDGMENTS AND ORDERS – Civil penalty – imposition of civil penalty under the Therapeutic Goods Act 1989 (Cth) section 19D – discussion of relevant principles – agreed statement of facts HEALTH LAW – Therapeutic goods – importation and supply of goods containing non-listed and non-registered substances – imposition of civil penalty – discussion of relevant principles
Legislation: Crimes Act 1914 (Cth) s 4AA Therapeutic Goods Act 1989 (Cth) ss 19D, 42YA
Cases cited: Australian Competition and Consumer Commission v ABB Transmission and Distribution Ltd [2001] ATPR 41-815 cited Australian Competition and Consumer Commission v Leahy Petroleum Pty Ltd (No 3) (2005) 215 ALR 301 cited Australian Competition and Consumer Commission v McMahon Services Pty Ltd [2004] ATPR 42-031 cited Australian Competition and Consumer Commission v MSY Technology Pty Ltd (No 2) (2011) 279 ALR 609 cited Australian Competition and Consumer Commission v Sampson [2011] ATPR 42-374 cited Australian Competition and Consumer Commission v Willesee Healthcare Pty Ltd (No 2) [2011] FCA 752 cited BMI v Federated Clerks Union of Australia (1983) 6 IR 416 cited Construction, Forestry, Mining and Energy Union v Cahill (2010) 194 IR 461 cited Woolmington v Director of Public Prosecutions [1935] AC 462 cited J McPhee & Son (Aust) Pty Ltd v Australian Competition and Consumer Commission (2000) 172 ALR 532 cited Markarian v The Queen (2005) 228 CLR 357 cited NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 cited R v Comax-Pharma Pty Ltd [2008] NSWDC 200 cited R v Pan Pharmaceuticals Pty Ltd [2008] NSWDC 221 cited Rich v Australian Securities and Investments Commission (2004) 220 CLR 129 cited Secretary, Department of Health and Ageing v Pagasa Australia Pty Ltd [2008] FCA 1545 cited Secretary, Department of Health and Ageing v Prime Nature Prize Pty Ltd (in liquidation) [2010] FCA 597 cited Trade Practices Commission v CSR Ltd [1991] ATPR 41-076 cited
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