Document ID: chunk:federal_register_of_legislation:C2017A00047:clause:3_15:p1
Version: federal_register_of_legislation:C2017A00047
Segment Type: clause
Provision Reference: sch 3 cl 15 (pt 1/2)
Character Range: 22634–25231

15  At the end of section 32CN
Add:
 (5) A person commits an offence if:
 (a) the person is a health practitioner; and
 (b) the person is included in a class of health practitioners specified in subsection 32CM(7A) rules; and
 (c) the person supplies a biological specified in those rules; and
 (d) any of the following applies:
 (i) the supply is not in accordance with those rules;
 (ii) the supply is not in the circumstances specified in those rules;
 (iii) the supply is not in accordance with the conditions specified in those rules; and
 (e) either:
 (i) the use of the biological has resulted in, or will result in, harm or injury to any person; or
 (ii) the use of the biological, if the biological were used, would result in harm or injury to any person; and
 (f) the harm or injury has resulted, will result, or would result, because:
 (i) the supply is not in accordance with those rules; or
 (ii) the supply is not in the circumstances specified in those rules; or
 (iii) the supply is not in accordance with the conditions specified in those rules.
Penalty: Imprisonment for 5 years or 4,000 penalty units, or both.
 (6) A person commits an offence if:
 (a) the person is a health practitioner; and
 (b) the person is included in a class of health practitioners specified in subsection 32CM(7A) rules; and
 (c) the person supplies a biological specified in those rules; and
 (d) any of the following applies:
 (i) the supply is not in accordance with those rules;
 (ii) the supply is not in the circumstances specified in those rules;
 (iii) the supply is not in accordance with the conditions specified in those rules; and
 (e) the use of the biological, if the biological were used, would be likely to result in harm or injury to any person; and
 (f) the harm or injury would be likely to result because:
 (i) the supply is not in accordance with those rules; or
 (ii) the supply is not in the circumstances specified in those rules; or
 (iii) the supply is not in accordance with the conditions specified in those rules.
Penalty: 2,000 penalty units.
 (7) A person commits an offence if:
 (a) the person is a health practitioner; and
 (b) the person is included in a class of health practitioners specified in subsection 32CM(7A) rules; and
 (c) the person supplies a biological specified in those rules; and
 (d) any of the following applies:
 (i) the supply is not in accordance with those rules;
 (ii) the supply is not in the circumstances specified in those rules;
 (iii) the supply is not in accordance with the conditions specified in those rules.
Penalty for contravention