Criminal offences relating to breaching a condition of a consent
41MC Criminal offences relating to breaching a condition of a consent
The consent of the Secretary under section 41MA or 41MAA may be given:
unconditionally or subject to conditions; or
in respect of particular medical devices or kinds of medical devices.
A person commits an offence if:
the person does an act or omits to do an act; and
the act or omission breaches a condition of a consent; and
the act or omission has resulted in, will result in, or is likely to result in, harm or injury to any person.
Penalty: 2,000 penalty units.
A jury may acquit a person of an offence against this subsection and may convict the person of an offence against subsection (5) instead: see section 53A.
For the liability of an executive officer of a body corporate, see sections 54B and 54BA.
A person commits an offence if:
the person does an act or omits to do an act; and
the act or omission breaches a condition of a consent.
Penalty: 500 penalty units.
A person commits an offence if:
the person does an act or omits to do an act; and
the act or omission breaches a condition of a consent.
Penalty: 100 penalty units.
An offence against subsection (6) is an offence of strict liability.
This Act’s bill:Second reading speech
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