Document ID: chunk:federal_register_of_legislation:C2024C00501:section:49
Version: federal_register_of_legislation:C2024C00501
Segment Type: section
Provision Reference: s 49
Character Range: 44421–45345

49  Medical service providers threatening detriment
 (1) A person commits an offence if:
 (a) the person is a medical service provider; and
 (b) the medical service provider makes a threat to another person to cause detriment to the other person or a third person; and
 (c) the medical service provider is reckless as to causing the other person or the third person to fear that the threat will be carried out; and
 (d) the medical service provider makes the threat intending to encourage the other person to request a pathology service in respect of treatment provided under this Act.
Penalty: 120 penalty units or imprisonment for 2 years.
 (2) For the purposes of subsection (1), a threat may be:
 (a) express or implied; or
 (b) conditional or unconditional.
 (3) In a prosecution for an offence against subsection (1), it is not necessary to prove that the person actually feared that the threat would be carried out.