Document ID: chunk:federal_register_of_legislation:C2025C00156:section:19d:p2
Version: federal_register_of_legislation:C2025C00156
Segment Type: section
Provision Reference: s 19D (pt 2/4)
Character Range: 208966–211719

additional direction, that:
 (a) sets out particulars of the disqualification; and
 (b) explains such of the effects of the disqualification as the Minister considers appropriate.
 (2) A practitioner who:
 (a) refuses or fails to comply with a direction contained in an instrument served on him or her under subsection (1); or
 (b) causes or permits a person acting on his or her behalf to refuse or fail to comply with such a direction;
commits an offence punishable upon conviction by a fine not exceeding 1 penalty unit.
 (2A) Subsection (2) does not apply if the practitioner has a reasonable excuse.
Note: The defendant bears an evidential burden in relation to the matter in subsection (2A). See subsection 13.3(3) of the Criminal Code.
 (2B) An offence under subsection (2) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (3) Subject to this section, the Minister may, by instrument in writing served on a disqualified practitioner, direct the practitioner to display in such place as is, or such places as are, and in such manner and during such period as is, specified in the instrument, such notice as is, or such notices as are, furnished to the practitioner with that instrument for the purpose of being displayed by him or her.
 (4) The Minister shall not exercise his or her powers under subsection (3) except for the purpose of publishing to the patients of a disqualified practitioner a statement setting out particulars of the disqualification of the practitioner and explaining the effects of that disqualification.
 (5) Where a direction under subsection (3) is in force, the Minister shall not give a further direction under that subsection that specifies a period that includes the whole or any part of the period specified in that first‑mentioned direction unless he or she revokes the first‑mentioned direction with effect from the expiration of the day immediately preceding the first‑mentioned period.
 (6) Unless sooner revoked, a direction given under subsection (1) or (3) in relation to a disqualified practitioner continues in force until the practitioner ceases to be a disqualified practitioner.
 (7) A practitioner who refuses or fails to comply with a direction contained in an instrument served on him or her under subsection (3) commits, in respect of each day during which he or she so refuses or fails to comply with the direction (including the day of a conviction under this subsection or any subsequent day), an offence punishable on conviction by a fine not exceeding 1 penalty unit.
 (7A) Subsection (7) does not apply if the practitioner has a reasonable excuse.
Note: The defendant bears an evidential burden in relation to the matter in subsection (7A).