Improper exercise of authority
49 Improper exercise of authority
A person commits an offence if:
the person intentionally engages in conduct; and
the conducts purports to be the exercise of authority as a health care decision maker for an adult; and
the adult does not have impaired decision making capacity for that health care decision and the person is reckless in relation to that circumstance.
Maximum penalty: 400 penalty units or imprisonment for 5 years.
A person commits an offence if:
the person engages in conduct; and
the conducts purports to be the exercise of authority as a health care decision maker for an adult; and
the adult does not have impaired decision making capacity for that health care decision and the person is reckless in relation to that circumstance; and
the person engages in the conduct mentioned in paragraph (a) with the intention obtaining a benefit for the person or another person.
Maximum penalty: 400 penalty units or imprisonment for 7 years.
Subsection (2)(d) is the fault element for the conduct in subsection (2)(a).
Strict liability applies to subsections (1)(b) and (2)(b).
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