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s 52

Inducing contravention of decision making principles

In force
Part 6Offences

52 Inducing contravention of decision making principles

(1)

A person commits an offence if:

(a)

the person intentionally engages in conduct; and

(b)

the conduct induces a health care decision maker to contravene section 18 and the person has intention in relation to that result;

and

(c)

the result is not exempted by section 20.

Maximum penalty: 400 penalty units or imprisonment for 5 years.

(2)

A person commits an offence if:

(a)

the person engages in conduct; and

(b)

the conduct induces a health care decision maker to contravene section 18 and the person has intention in relation to that result;

and

(c)

the person engages in the conduct mentioned in paragraph (a) with the intention of obtaining a benefit for the person or another person; and

(d)

the result is not exempted by section 20.

Maximum penalty: 400 penalty units or imprisonment for 7 years.

(3)

Subsection (2)(c) is the fault element for the conduct in subsection (2)(a).

(4)

Strict liability applies to subsections (1)(c) and (2)(d).

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