Document ID: chunk:federal_register_of_legislation:C2024C00632:section:41mf:p2
Version: federal_register_of_legislation:C2024C00632
Segment Type: section
Provision Reference: s 41MF (pt 2/2)
Character Range: 839177–840145

the device.
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) the person exports a medical device from Australia; and
 (b) the conformity assessment procedures have not been applied to the device; and
 (c) the device is not of a kind covered by an exemption in force under section 41GS.
Penalty: Imprisonment for 12 months or 1,000 penalty units, or both.

Exception
 (5) This section does not apply if the defendant was not the sponsor of the device at the time of the supply or exportation, as the case may be.
Note: A defendant bears an evidential burden in relation to the matters in subsection (5): see subsection 13.3(3) of the Criminal Code.