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COMMONWEALTHAct
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s 39

Medical service providers threatening detriment

In force
Part 5Administration and enforcement
Division 3Offences

39 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.

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