R v Pan Pharmaceuticals Pty Ltd [2008] NSWDC 221

New South Wales District Court

CITATION: R v Pan Pharmaceuticals Pty Ltd [2008] NSWDC 221

HEARING DATE(S): 17 July 2008

JUDGMENT DATE: 19 September 2008

JURISDICTION: Criminal

JUDGMENT OF: Nield DCJ

DECISION: Pan Pharmaceuticals is convicted of each of the fifty-three offences to which it has pleaded guilty and it is fined as follows: (1) For each offence of knowingly using a false document, a fine of $500,000. (2) For each offence of dealing with counterfeit therapeutic goods, a fine of $125,000.

CATCHWORDS: CRIMINAL LAW - offences of using a false instrument contrary to the Crimes Act (Clth) and dealing with counterfeit therapeutic goods contrary to the Therapeutic Goods Act (Clth) - guilty pleas - sentences

Crimes Act 1914 (Cth) LEGISLATION CITED: Criminal Code Act 2005 (Cth) Therapeutic Goods Act 1989 (Cth)

PARTIES: Regina Pan Pharmaceuticals Pty Ltd

FILE NUMBER(S): 2008/00005426; 2008/00010054

COUNSEL: R J Bromwich

SOLICITORS: Commonwealth DPP Blake Dawson Waldron (for Liquidators)

JUDGMENT

1 The manufacture, both within and without Australia, the supply within Australia, the import into Australia and the export from Australia of therapeutic goods are controlled by the Therapeutic Goods Act administered by the Therapeutic Goods Administration.

2 The manufacturers, places of manufacture and manufacturing processes of therapeutic goods are controlled by the Act. All places of manufacture and manufacturing processes must conform to the Australian Code of Good Manufacturing Practice to be approved by the Therapeutic Goods Administration, whether the place of manufacture is within or without Australia. Only therapeutic goods manufactured by approved manufacturers at approved places by approved processes may be supplied within Australia, imported into Australia or exported from Australia.