38Unlawful medical or dental treatment

### 38 Unlawful medical or dental treatment > > (1)  A person must not carry out medical or dental treatment on a person to whom this Part applies unless  – > > > > > > (a) consent for the treatment has been given in accordance with this Part; or > > > > > > > (b) the carrying out of the treatment is authorized by this Part without any such consent. > > > (2)  A person who contravenes [subsection (1)](#GS38@Gs1@EN) by carrying out special treatment is guilty of a crime and is liable to punishment on indictment under the [Criminal Code](/view/html/inforce/2026-04-12/act-1924-069) accordingly. > > > (3)  A person who contravenes [subsection (1)](#GS38@Gs1@EN) by carrying out any treatment other than special treatment is guilty of an offence and is liable on summary conviction to imprisonment for a period not exceeding one year or to a fine not exceeding 10 penalty units, or both.