Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Secretary, Department of Health and Ageing v Export Corporation (Australia) Pty Ltd (No 2) [2012] FCA 463 Citation: Secretary, Department of Health and Ageing v Export Corporation (Australia) Pty Ltd (No 2) [2012] FCA 463
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: 8 May 2012
Legislation: Therapeutic Goods Act 1989 (Cth) s 19D(1)(a)(i)
Cases cited: Australian Competition and Consumer Commission v MSY Technology Pty Ltd [2012] FCAFC 56 Secretary, Department of Health and Ageing v Export Corporation (Australia) Pty Ltd [2012] FCA 42
Date of hearing: 28 June 2011
Place: Sydney (Heard in Canberra)
Division: GENERAL DIVISION
Category: No catchwords
Number of paragraphs: 6
Counsel for the Applicant: Mr TM Howe QC, Mr TM Begbie
Solicitor for the Applicant: Australian Government Solicitor
Counsel for the Respondent: Mr AJ Payne, Mr SJ Free
Solicitor for the Respondent: McLachlan Thorpe Partners
IN THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY GENERAL DIVISION ACD 38 of 2009
BETWEEN: SECRETARY, DEPARTMENT OF HEALTH AND AGEING
Applicant
AND: EXPORT CORPORATION (AUSTRALIA) PTY LTD ACN 009 441 632
Respondent
JUDGE: PERRAM J DATE OF ORDER: 8 May 2012 WHERE MADE: SYDNEY (HEARD IN CANBERRA)
THE COURT DECLARES THAT:
1. In the period 1 January 2007 to 2 October 2009, Export Corporation contravened section 19D(1)(a)(iv) of the Therapeutic Goods Act 1989 (Cth) by supplying in Australia therapeutic goods for use in humans as specified in Schedule B to the Further Amended Application, in circumstances where the therapeutic goods were not listed on the Australian Register of Therapeutic Goods and none of the subparagraphs in section 19D(1)(b) applied. THE COURT ORDERS THAT: 2. All orders made in this matter may be entered forthwith. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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