Offences
8R Offences
A person must not refuse or fail to comply with a notice under section 8P.
Penalty: Imprisonment for 6 months.
However, the person is only required to comply with the notice to the extent that the person is capable of doing so.
The defendant bears an evidential burden in relation to the matter in subsection (1A). See subsection 13.3(3) of the Criminal Code.
Subsection (1) does not apply if the person has a reasonable excuse.
The defendant bears an evidential burden in relation to the matter in subsection (1B). See subsection 13.3(3) of the Criminal Code.
An offence under subsection (1) is an offence of strict liability.
For strict liability, see section 6.1 of the Criminal Code.
Without limiting what may be taken to be a reasonable excuse for the purposes of subsection (1B), it is, for the purposes of that subsection, a reasonable excuse for refusing or failing to comply with the notice if compliance would have the effect of disclosing the contents of a part of a record that is a part containing clinical details relating to a patient.
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