My Health Records Act 2012
41APrescribed healthcare provider organisations must be registered
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41A Prescribed healthcare provider organisations must be registered
(1) A prescribed healthcare provider organisation contravenes this subsection if the healthcare provider organisation is not a registered healthcare provider organisation and is not an approved registered repository operator.
Civil penalty: 250 penalty units.
(2) However, subsection (1) does not apply: (a) during any period starting when the healthcare provider organisation applies to the System Operator under section 41B or 42 and ending when the application is finally determined; or (b) during any period approved by the System Operator under section 41B in relation to the healthcare provider organisation.
Note: A person who wishes to rely on subsection (2) in proceedings for a civil penalty order bears an evidential burden in relation to the matters in that subsection: see section 96 of the Regulatory Powers Act.