Document ID: chunk:federal_register_of_legislation:C2007C00652:clause:1_41hc
Version: federal_register_of_legislation:C2007C00652
Segment Type: clause
Provision Reference: sch 1 cl 41HC
Character Range: 98404–100066

41HC  Exemptions for medical practitioners

 (1) The Secretary may authorise, in writing, a specified medical practitioner to supply specified kinds of medical devices for use in the treatment of humans to a specified class of recipients.

 (2) An authority may be given subject to conditions specified in the authority.

 (3) The Secretary may impose conditions (or further conditions) on a person's authority by giving the person written notice of the conditions.

 (4) An authority may only be given:
 (a) to a medical practitioner included in a class of medical practitioners prescribed by the regulations for the purposes of this paragraph; and
 (b) to a medical practitioner who has the approval of an ethics committee to supply the specified kinds of medical devices or the specified class of such devices; and
 (c) in relation to a class or classes of recipients prescribed by the regulations for the purposes of this paragraph.
However, the regulations may prescribe exceptional circumstances in which paragraph (b) does not apply.

 (5) The regulations may prescribe circumstances in which medical devices may be supplied under an authority.

 (6) The giving of an authority in respect of kinds of medical devices does not render the Commonwealth, the Secretary or a delegate of the Secretary liable to a person for loss, damage or injury of any kind suffered by the person as a result of, or arising out of, the use of devices of those kinds by that person or another person.

 (7) In this section:

medical practitioner means a person who is registered, in a State or internal Territory, as a medical practitioner.

Part 4‑8—Obtaining information