Document ID: chunk:federal_register_of_legislation:C2018A00154:clause:2_77a
Version: federal_register_of_legislation:C2018A00154
Segment Type: clause
Provision Reference: sch 2 cl 77A
Character Range: 23978–24756

77A  Enforceable requirements in My Health Records Rules must not be contravened: offence
 (1) An entity commits an offence if:
 (a) the entity does an act or omits to do an act; and
 (b) the result is that the entity contravenes a requirement imposed on the entity by My Health Records Rules made for the purposes of subsection 109(7A) and the entity is reckless as to that result; and
 (c) the My Health Records Rules provide that the requirement is enforceable for the purposes of this paragraph; and
 (d) the entity is not the System Operator, the Data Governance Board established by section 82 or the data custodian.
Penalty: 100 penalty units.
 (2) Strict liability applies to paragraphs (1)(c) and (d).
Note: For strict liability, see section 6.1 of the Criminal Code.