Health Products Act 2007 · 2020 Revised Edition · Part 4 · Supply of Health Products
17. Supply of health products to be carried out in accordance with prescribed requirements
Feedback & supportA person must not supply any health product unless the supply of the health product is carried out in accordance with such requirements as may be prescribed.
supply
“supply”, in relation to a health product, means to transfer possession of the health product by any means whether or not for reward, and includes the following:(a)to sell the health product, whether by retail, wholesale or auction;(b)to expose or display the health product as an invitation to treat;(c)to transfer possession of the health product by exchange, gift, lease, loan, hire or hire-purchase;(d)to supply the health product in connection with —(i)a contract for the provision of any goods or the performance of any service; or(ii)any advertising, sponsorship or promotional activity;(e)to supply the health product by way of administration to or application in any person in the course of any diagnosis, treatment or test;(f)to offer, agree or attempt to supply the health product in any of the ways described in paragraphs (a) to (e) or to cause or permit the health product to be so supplied;(g)to keep or possess the health product for the purpose of supplying it in any of the ways described in paragraphs (a) to (f);
The requirements that may be prescribed for the purposes of subsection (1) include the following:
that the supply of the health product should be carried out only under, and in accordance with the conditions of, a licence issued by the Authority;
that the supply of the health product should be carried out only by certain specified persons;
that the supply of the health product should be carried out only at certain specified premises;
that the supply of the health product should or should not be carried out in any specified manner;
that the health product should be supplied only to certain specified persons and for certain specified purposes;
that proper records should be kept in relation to any supply made of the health product.
Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both.