Document ID: chunk:federal_register_of_legislation:C2010A00054:clause:1_32cn:p1
Version: federal_register_of_legislation:C2010A00054
Segment Type: clause
Provision Reference: sch 1 cl 32CN (pt 1/2)
Character Range: 68226–70868

32CN  Criminal offences relating to the giving of an authority to a medical practitioner
 (1) A person commits an offence if:
 (a) the Secretary has authorised, under subsection 32CM(1), the person to supply a biological; and
 (b) the person supplies the biological; and
 (c) any of the following applies:
 (i) the supply is not in accordance with the authority;
 (ii) the supply is not in accordance with the conditions to which the authority is subject;
 (iii) the supply is not in accordance with regulations made for the purpose of subsection 32CM(6); and
 (d) 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
 (e) the harm or injury has resulted, will result, or would result, because:
 (i) the supply is not in accordance with the authority; or
 (ii) the supply is not in accordance with the conditions to which the authority is subject; or
 (iii) the supply is not in accordance with regulations made for the purpose of subsection 32CM(6).
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 (4) instead: see section 53A.
 (2) A person commits an offence if:
 (a) the Secretary has authorised, under subsection 32CM(1), the person to supply a biological; and
 (b) the person supplies the biological; and
 (c) any of the following applies:
 (i) the supply is not in accordance with the authority;
 (ii) the supply is not in accordance with the conditions to which the authority is subject;
 (iii) the supply is not in accordance with regulations made for the purpose of subsection 32CM(6); and
 (d) the use of the biological, if the biological were used, would be likely to result in harm or injury to any person; and
 (e) the harm or injury would be likely to result because:
 (i) the supply is not in accordance with the authority; or
 (ii) the supply is not in accordance with the conditions to which the authority is subject; or
 (iii) the supply is not in accordance with regulations made for the purpose of subsection 32CM(6).
Penalty: 2,000 penalty units.
 (3) An offence against subsection (2) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (4) A person commits an offence if:
 (a) the Secretary has authorised, under subsection 32CM(1), the person to supply a biological; and
 (b) the person supplies the biological; and
 (c) any of the following applies: