41MNB

Criminal offences for breaching a condition of an exemption

Current

(1)

A person commits an offence if:

(a)

the person does an act or omits to do an act in relation to a medical device; and

(b)

the device is of a kind covered by an exemption in force under section 41GS; and

(c)

the act or omission results in the breach of a condition of the exemption; and

(d)

the act or omission is likely to cause a serious risk to public health.

Penalty: Imprisonment for 5 years or 2,000 penalty units, or both.

Note:

For the liability of an executive officer of a body corporate, see sections 54B and 54BA.

(2)

Strict liability applies to paragraph (1)(b).

Note:

For strict liability, see section 6.1 of the Criminal Code.

(3)

A person commits an offence if:

(a)

the person does an act or omits to do an act in relation to a medical device; and

(b)

the device is of a kind covered by an exemption in force under section 41GS; and

(c)

the act or omission results in the breach of a condition of the exemption.

Penalty: Imprisonment for 4 years or 240 penalty units, or both.

(4)

Strict liability applies to paragraph (3)(b).

Note:

For strict liability, see section 6.1 of the Criminal Code.

(5)

A person commits an offence if:

(a)

the person does an act or omits to do an act in relation to a medical device; and

(b)

the device is of a kind covered by an exemption in force under section 41GS; and

(c)

the act or omission results in the breach of a condition of the exemption.

Penalty: 60 penalty units.

(6)

An offence against subsection (5) is an offence of strict liability.

Note:

For strict liability, see section 6.1 of the Criminal Code.

This Act’s bill:Second reading speech

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