77AEnforceable requirements in My Health Records Rules must not be contravened: offence

77A Enforceable requirements in My Health Records Rules must not be contravened: offence

(1) An entity commits an offence if: (a) the entity does an act or omits to do an act; and (b) the result is that the entity contravenes a requirement imposed on the entity by My Health Records Rules made for the purposes of subsection 109(7A) and the entity is reckless as to that result; and (c) the My Health Records Rules provide that the requirement is enforceable for the purposes of this paragraph; and (d) the entity is not the System Operator, the Data Governance Board established by section 82 or the data custodian.

Penalty: 100 penalty units.

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

Note: For strict liability, see section 6.1 of the Criminal Code.