Document ID: chunk:federal_register_of_legislation:C2018A00007:clause:6_41ml
Version: federal_register_of_legislation:C2018A00007
Segment Type: clause
Provision Reference: sch 6 cl 41ML
Character Range: 113033–114441

41ML  False advertising about medical devices
 (1) A person commits an offence if:
 (a) the person, by any means, advertises a medical device as being for a purpose; and
 (b) the device is of a kind included in the Register; and
 (c) the purpose is not a purpose accepted in relation to that inclusion; and
 (d) either:
 (i) the use of the medical device for the advertised purpose has resulted in, will result in, or is likely to result in, harm or injury to any person; or
 (ii) the use of the medical device for the advertised purpose, if the medical device were so used, would result in, or would be likely to result in, harm or injury to any person.
Penalty: Imprisonment for 5 years or 4,000 penalty units, or both.
 (2) A person commits an offence if:
 (a) the person, by any means, advertises a medical device as being for a purpose; and
 (b) the device is of a kind included in the Register; and
 (c) the purpose is not a purpose accepted in relation to that inclusion.
Penalty: Imprisonment for 12 months or 1,000 penalty units, or both.
 (3) A person commits an offence if:
 (a) the person, by any means, advertises a medical device as being for a purpose; and
 (b) the device is of a kind included in the Register; and
 (c) the purpose is not a purpose accepted in relation to that inclusion.
Penalty: 100 penalty units.
 (4) An offence against subsection (3) is an offence of strict liability.