Document ID: chunk:federal_register_of_legislation:C2007C00653:clause:1_41ei
Version: federal_register_of_legislation:C2007C00653
Segment Type: clause
Provision Reference: sch 1 cl 41EI
Character Range: 65857–67760

41EI  Criminal offences for making a false statement

 (1) A person commits an offence if:
 (a) the person makes a statement (whether orally, in a document or in any other way); and
 (b) the statement is made in or in connection with an application for a conformity assessment certificate; and
 (c) the person knows that the statement is false or misleading in a material particular; and
 (d) either:
 (i) the use of the kind of medical device has resulted in, or will result in, harm or injury to any person; or
 (ii) the use of the kind of medical device, if the kind of medical device were used, would 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) the person makes a statement (whether orally, in a document or in any other way); and
 (b) the statement is in or in connection with an application for a conformity assessment certificate; and
 (c) the statement is false or misleading in a material particular; and
 (d) the use of the kind of medical device, if the kind of medical device were used, would be 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) the person makes a statement (whether orally, in a document or in any other way); and
 (b) the statement is in or in connection with an application for a conformity assessment certificate; and
 (c) the person knows that the statement is false or misleading in a material particular.

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