Document ID: chunk:federal_register_of_legislation:C2007C00652:clause:1_41mo
Version: federal_register_of_legislation:C2007C00652
Segment Type: clause
Provision Reference: sch 1 cl 41MO
Character Range: 133401–134379

41MO  Misuse of medical devices exempted for special or experimental uses

 (1) A person is guilty of an offence if he or she:
 (a) has been granted an authority under section 41HC relating to a specified kind of medical device; and
 (b) supplies a medical device of that kind:
 (i) other than in accordance with the authority; or
 (ii) other than in accordance with any conditions to which the authority is subject; or
 (iii) other than in accordance with any regulations made for the purpose of subsection 41HC(5).

Maximum penalty: 60 penalty units.

 (2) A person is guilty of an offence if:
 (a) he or she has been granted an approval under section 41HB relating to a specified medical device or specified kind of medical device; and
 (b) he or she uses a medical device of that kind:
 (i) in the treatment of another person; or
 (ii) solely for experimental purposes in humans;
  in a way that is not in accordance with the approval.

Maximum penalty: 60 penalty units.