Criminal offences relating to the giving of an authority to a health practitioner
32CN Criminal offences relating to the giving of an authority to a health practitioner
A person commits an offence if:
the Secretary has authorised, under subsection 32CM(1), the person to supply a biological; and
the person supplies the biological; and
either of the following applies:
the supply is not in accordance with the authority;
the supply is not in accordance with regulations made for the purpose of subsection 32CM(6); and
either:
the use of the biological has resulted in, will result in, or is likely to result in, harm or injury to any person; or
the use of the biological, if the biological were used, would result in, or would be likely to result in, harm or injury to any person; and
the harm or injury has resulted, will result, is likely to result, would result, or would be likely to result, because:
the supply is not in accordance with the authority; or
the supply is not in accordance with regulations made for the purpose of subsection 32CM(6).
Penalty: Imprisonment for 5 years or 4,000 penalty units, or both.
A jury may acquit a person of an offence against this subsection and may convict the person of an offence against subsection (4) instead: see section 53A.
A person commits an offence if:
the Secretary has authorised, under subsection 32CM(1), the person to supply a biological; and
the person supplies the biological; and
either of the following applies:
the supply is not in accordance with the authority;
the supply is not in accordance with regulations made for the purpose of subsection 32CM(6).
Penalty: 500 penalty units.
A person commits an offence if:
the Secretary has authorised, under subsection 32CM(1), the person to supply a biological; and
the person supplies the biological; and
either of the following applies:
the supply is not in accordance with the authority;
the supply is not in accordance with regulations made for the purpose of subsection 32CM(6).
Penalty: 100 penalty units.
An offence against subsection (4A) is an offence of strict liability.
A person commits an offence if:
the person is a health practitioner; and
the person is included in a class of health practitioners specified in subsection 32CM(7A) rules; and
the person supplies a biological specified in those rules; and
any of the following applies:
the supply is not in accordance with those rules;
the supply is not in the circumstances specified in those rules;
the supply is not in accordance with the conditions specified in those rules; and
either:
the use of the biological has resulted in, will result in, or is likely to result in, harm or injury to any person; or
the use of the biological, if the biological were used, would result in, or would be likely to result in, harm or injury to any person; and
the harm or injury has resulted, will result, is likely to result, would result, or would be likely to result, because:
the supply is not in accordance with those rules; or
the supply is not in the circumstances specified in those rules; or
the supply is not in accordance with the conditions specified in those rules.
Penalty: Imprisonment for 5 years or 4,000 penalty units, or both.
A person commits an offence if:
the person is a health practitioner; and
the person is included in a class of health practitioners specified in subsection 32CM(7A) rules; and
the person supplies a biological specified in those rules; and
any of the following applies:
the supply is not in accordance with those rules;
the supply is not in the circumstances specified in those rules;
the supply is not in accordance with the conditions specified in those rules.
Penalty: 500 penalty units.
A person commits an offence if:
the person is a health practitioner; and
the person is included in a class of health practitioners specified in subsection 32CM(7A) rules; and
the person supplies a biological specified in those rules; and
any of the following applies:
the supply is not in accordance with those rules;
the supply is not in the circumstances specified in those rules;
the supply is not in accordance with the conditions specified in those rules.
Penalty: 100 penalty units.
An offence against subsection (8) is an offence of strict liability.
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