Document ID: chunk:federal_register_of_legislation:C2025C00156:section:19d:p3
Version: federal_register_of_legislation:C2025C00156
Segment Type: section
Provision Reference: s 19D (pt 3/4)
Character Range: 211473–214139

offence punishable on conviction by a fine not exceeding 1 penalty unit.
 (7A) Subsection (7) does not apply if the practitioner has a reasonable excuse.
Note: The defendant bears an evidential burden in relation to the matter in subsection (7A). See subsection 13.3(3) of the Criminal Code.
 (7B) An offence under subsection (7) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (8) Where, under subsection (3), an act or thing is required to be done within a particular period or before a particular time, the obligation to do that act or thing continues, notwithstanding that that period has expired or that time has passed, until that act or thing is done.
 (9) Charges against the same person for any number of offences against subsection (7) may be joined in the same information or complaint if those offences relate to a failure to do the same act or thing.
 (10) If a person is convicted of 2 or more offences referred to in subsection (9), being offences related to a refusal or failure to do the same act or thing, the court may impose one penalty in respect of both or all of those offences, but that penalty shall not exceed the sum of the maximum penalties that could be imposed if a penalty were imposed in respect of each offence separately.
 (11) In this section:
disqualified practitioner means a practitioner:
 (a) in relation to whom a determination under paragraph 124F(2)(d) or (e) or 124FF(2)(d) is in effect; or
 (b) who is taken to be disqualified because a determination under paragraph 124F(2)(f) or 124FF(2)(e) or (f) in relation to another person is in effect; or
 (c) who is disqualified under an agreement that is in effect under section 92; or
 (d) who is fully disqualified under section 105; or
 (e) in relation to whom a final determination under section 106TA containing a direction under paragraph 106U(1)(g) or (h) is in effect; or
 (f) who is fully disqualified for the purposes of this section under section 106ZPM.
patients, in relation to a practitioner, means:
 (a) the persons to whom the practitioner or a person acting on behalf of the practitioner has rendered, or in the Minister's opinion may render, professional services; and
 (b) the persons in respect of whom the practitioner or a person acting on behalf of the practitioner has initiated, or in the Minister's opinion may initiate, professional services.
practitioner has the same meaning as in section 124B.
 (12) In this section, a reference to the effects of the disqualification of a practitioner is a reference to the effects of the disqualification on the financial relationships (if any) between all or