Document ID: chunk:federal_register_of_legislation:C2007C00653:clause:1_41mn:p1
Version: federal_register_of_legislation:C2007C00653
Segment Type: clause
Provision Reference: sch 1 cl 41MN (pt 1/2)
Character Range: 108292–110790

41MN  Criminal offences relating to breaches of conditions

Offences relating to breaching a condition of the inclusion of a kind of medical device in the Register

 (1) A person commits an offence if:
 (a) a kind of medical device is included in the Register in relation to the person; and
 (b) the person does an act or omits to do an act; and
 (c) the act or omission breaches a condition of the inclusion of the kind of device in the Register; and
 (d) the act or omission has resulted in, or will result in, harm or injury to any person.

Maximum 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) a kind of medical device is included in the Register in relation to the person; and
 (b) the person does an act or omits to do an act; and
 (c) the act or omission breaches a condition of the inclusion of the kind of device in the Register; and
 (d) the act or omission is likely to result in harm or injury to any person.

Maximum penalty: 2,000 penalty units.

 (3) 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) a kind of medical device is included in the Register in relation to the person; and
 (b) the person does an act or omits to do an act; and
 (c) the act or omission breaches a condition of the inclusion of the kind of device in the Register.

Maximum penalty: Imprisonment for 12 months or 1,000 penalty units, or both.

Offences relating to breaching a condition of a conformity assessment certificate

 (5) A person commits an offence if:
 (a) a conformity assessment certificate is issued in respect of the person; and
 (b) the person does an act or omits to do an act; and
 (c) the act or omission breaches a condition of the conformity assessment certificate; and
 (d) the act or omission has resulted in, or will result in, harm or injury to a person.

Maximum 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 (8) instead: see section 53A.

 (6) A person commits an offence if:
 (a) a conformity assessment certificate is issued in respect of the person; and
 (b) the person does an act or