Document ID: chunk:federal_register_of_legislation:C2024C00632:section:41mn:p1
Version: federal_register_of_legislation:C2024C00632
Segment Type: section
Provision Reference: s 41MN (pt 1/3)
Character Range: 855414–857885

41MN  Criminal offences relating to breaches of conditions

Offences relating to breaching a condition of the inclusion of a kind of medical device in the Register
 (1) A person commits an offence if:
 (a) a kind of medical device is included in the Register in relation to the person; and
 (b) the person does an act or omits to do an act; and
 (c) the act or omission breaches a condition of the inclusion of the kind of device in the Register; and
 (d) the act or omission has resulted in, will result in, or is likely to result in, harm or injury to any person.
Penalty: Imprisonment for 5 years or 4,000 penalty units, or both.
Note 1: A jury may acquit a person of an offence against this subsection and may convict the person of an offence against subsection (4) instead: see section 53A.
Note 2: For the liability of an executive officer of a body corporate, see sections 54B and 54BA.
 (4) A person commits an offence if:
 (a) a kind of medical device is included in the Register in relation to the person; and
 (b) the person does an act or omits to do an act; and
 (c) the act or omission breaches a condition of the inclusion of the kind of device in the Register.
Penalty: Imprisonment for 12 months or 1,000 penalty units, or both.
 (4A) A person commits an offence if:
 (a) a kind of medical device is included in the Register in relation to the person; and
 (b) the person does an act or omits to do an act; and
 (c) the act or omission breaches a condition of the inclusion of the kind of device in the Register.
Penalty: 100 penalty units.
 (4B) An offence against subsection (4A) is an offence of strict liability.

Offences relating to breaching a condition of a conformity assessment certificate
 (5) A person commits an offence if:
 (a) a conformity assessment certificate is issued in respect of the person; and
 (b) the person does an act or omits to do an act; and
 (c) the act or omission breaches a condition of the conformity assessment certificate; and
 (d) the act or omission has resulted in, will result in, or is likely to result in, harm or injury to a person.
Penalty: Imprisonment for 5 years or 4,000 penalty units, or both.
Note: A jury may acquit a person of an offence against this subsection and may convict the person of an offence against subsection (8) instead: see section 53A.
 (8) A person commits an offence if:
 (a) a conformity assessment certificate is issued in respect of the person; and
 (b) the person does an act or