s 16 Prohibition against supply of health products that are adulterated, counterfeits, etc.
16.—(1) A person must not supply, or procure or arrange for the supply of, any health product which is —(a) an adulterated health product; (b) a counterfeit health product; (c) a health product that has been tampered with; or (d) an unwholesome health product. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —(a) in the case of an offence under subsection (1)(d), to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both; and (b) in the case of an offence under subsection (1)(a), (b) or (c), to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 3 years or to both. (3) In any proceedings for an offence under subsection (1), it is a defence for the accused to prove that —(a) the accused —(i) did not know; (ii) had no reason to believe; and (iii) could not, with reasonable diligence, have ascertained, that the health product was in contravention of that subsection; and (b) the accused had taken all such precautions and exercised all such due diligence as could reasonably be expected of the accused in the circumstances to ensure that the health product did not contravene that subsection.