Document ID: chunk:federal_register_of_legislation:C2007C00653:clause:1_41mc
Version: federal_register_of_legislation:C2007C00653
Segment Type: clause
Provision Reference: sch 1 cl 41MC
Character Range: 88714–90022

41MC  Criminal offences relating to breaching a condition of a consent

 (1) The consent of the Secretary under section 41MA or 41MAA may be given:
 (a) unconditionally or subject to conditions; or
 (b) in respect of particular medical devices or kinds of medical devices.

 (2) A person commits an offence if:
 (a) the person does an act or omits to do an act; and
 (b) the act or omission breaches a condition of a consent; and
 (c) the act or omission has resulted, or will result in, harm or injury to any person.

Maximum penalty: 2,000 penalty units.

Note: A jury may acquit a person of an offence against this subsection and may convict the person of an offence against subsection (5) instead: see section 53A.

 (3) A person commits an offence if:
 (a) the person does an act or omits to do an act; and
 (b) the act or omission breaches a condition of a consent; and
 (c) the act or omission is likely to result in harm or injury to any person.

Maximum penalty: 1,000 penalty units.

 (4) Subsection (3) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

 (5) A person commits an offence if:
 (a) the person does an act or omits to do an act; and
 (b) the act or omission breaches a condition of a consent.

Maximum penalty: 500 penalty units.