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Health Practitioner Regulation National Law Act 2009
sec.196AOffences relating to prohibition orders
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### sec.196A Offences relating to prohibition orders
A person must not contravene a prohibition order.
Maximum penalty—$60,000 or 3 years imprisonment or both.
A person who is subject to a prohibition order (the prohibited person ) must, before providing a health service, give written notice of the order to the following persons—
the person to whom the prohibited person intends to provide the health service or, if that person is under 16 years of age or under guardianship, a parent or guardian of the person;
if the health service is to be provided by the prohibited person as an employee—the person’s employer;
if the health service is to be provided by the prohibited person under a contract for services or any other arrangement with an entity—that entity;
if the health service is to be provided by the prohibited person as a volunteer for or on behalf of an entity—that entity.
Maximum penalty—$5,000.
A person must not advertise a health service to be provided by a prohibited person unless the advertisement states that the prohibited person is subject to a prohibition order.
Maximum penalty—
in the case of an individual—$5,000; or
in the case of a body corporate—$10,000.
sch s 196A ins 2017 No. 32 s 37
amd 2019 No. 3 s 20
(sec.196A-ssec.1) A person must not contravene a prohibition order. Maximum penalty—$60,000 or 3 years imprisonment or both.
(sec.196A-ssec.2) A person who is subject to a prohibition order (the prohibited person ) must, before providing a health service, give written notice of the order to the following persons— the person to whom the prohibited person intends to provide the health service or, if that person is under 16 years of age or under guardianship, a parent or guardian of the person; if the health service is to be provided by the prohibited person as an employee—the person’s employer; if the health service is to be provided by the prohibited person under a contract for services or any other arrangement with an entity—that entity; if the health service is to be provided by the prohibited person as a volunteer for or on behalf of an entity—that entity. Maximum penalty—$5,000.
(sec.196A-ssec.3) A person must not advertise a health service to be provided by a prohibited person unless the advertisement states that the prohibited person is subject to a prohibition order. Maximum penalty— in the case of an individual—$5,000; or in the case of a body corporate—$10,000.
- (a) the person to whom the prohibited person intends to provide the health service or, if that person is under 16 years of age or under guardianship, a parent or guardian of the person;
- (b) if the health service is to be provided by the prohibited person as an employee—the person’s employer;
- (c) if the health service is to be provided by the prohibited person under a contract for services or any other arrangement with an entity—that entity;
- (d) if the health service is to be provided by the prohibited person as a volunteer for or on behalf of an entity—that entity.
- (a) in the case of an individual—$5,000; or
- (b) in the case of a body corporate—$10,000.