Document ID: chunk:federal_register_of_legislation:C2024C00632:section:41mo:p2
Version: federal_register_of_legislation:C2024C00632
Segment Type: section
Provision Reference: s 41MO (pt 2/3)
Character Range: 868489–871075

(4AB) An offence against subsection (4AA) is an offence of strict liability.
 (4A) A person commits an offence if:
 (a) the person is a health practitioner; and
 (b) the person is included in a class of health practitioners specified in subsection 41HC(6) rules; and
 (c) the person supplies a medical device of a kind specified in those rules; and
 (d) any of the following applies:
 (i) the supply is not in accordance with those rules;
 (ii) the supply is not in the circumstances specified in those rules;
 (iii) the supply is not in accordance with the conditions specified in those rules; and
 (e) either:
 (i) the use of the device has resulted in, will result in, or is likely to result in, harm or injury to any person; or
 (ii) the use of the device, if the device were used, would result in, or would be likely to result in, harm or injury to any person; and
 (f) the harm or injury has resulted, will result, is likely to result, would result, or would be likely to result, because:
 (i) the supply is not in accordance with those rules; or
 (ii) the supply is not in the circumstances specified in those rules; or
 (iii) the supply is not in accordance with the conditions specified in those rules.
Penalty: Imprisonment for 5 years or 4,000 penalty units, or both.
 (4C) A person commits an offence if:
 (a) the person is a health practitioner; and
 (b) the person is included in a class of health practitioners specified in subsection 41HC(6) rules; and
 (c) the person supplies a medical device of a kind specified in those rules; and
 (d) any of the following applies:
 (i) the supply is not in accordance with those rules;
 (ii) the supply is not in the circumstances specified in those rules;
 (iii) the supply is not in accordance with the conditions specified in those rules.
Penalty: 500 penalty units.
 (4D) A person commits an offence if:
 (a) the person is a health practitioner; and
 (b) the person is included in a class of health practitioners specified in subsection 41HC(6) rules; and
 (c) the person supplies a medical device of a kind specified in those rules; and
 (d) any of the following applies:
 (i) the supply is not in accordance with those rules;
 (ii) the supply is not in the circumstances specified in those rules;
 (iii) the supply is not in accordance with the conditions specified in those rules.
Penalty: 100 penalty units.
 (4E) An offence against subsection (4D) is an offence of strict liability.
 (5) A person commits an offence if:
 (a) the person has been granted an approval under section 41HB relating to a specified medical device