Enforceable requirements in My Health Records Rules must not be contravened: offence
77A Enforceable requirements in My Health Records Rules must not be contravened: offence
An entity commits an offence if:
the entity does an act or omits to do an act; and
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
the My Health Records Rules provide that the requirement is enforceable for the purposes of this paragraph; and
the entity is not the System Operator, the Data Governance Board established by section 82 or the data custodian.
Penalty: 100 penalty units.
Strict liability applies to paragraphs (1)(c) and (d).
For strict liability, see section 6.1 of the Criminal Code.
This Act’s bill:Explanatory memorandumSecond reading speech
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