Fraud, undue influence etc
56 Fraud, undue influence etc
A person who, by dishonesty or undue influence, induces another to give an advance care directive is guilty of an offence.
Maximum penalty: Imprisonment for 10 years.
A person who purports to act as a substitute decision‑maker appointed under an advance care directive knowing that—
the advance care directive has been revoked; or
the person is not a substitute decision‑maker appointed under the advance care directive, is guilty of an offence.
Maximum penalty: Imprisonment for 10 years.
If a person is convicted or found guilty of an offence against this section, the court sentencing the person may, if satisfied it is appropriate to do so in the circumstances—
revoke the relevant advance care directive; or
if the person is a substitute decision‑maker appointed under the relevant advance care directive—revoke the person's appointment as a substitute decision‑maker; or
make any other order the court thinks appropriate.
This Act’s bill:Second reading speech
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