103Advertising of health services if person is de-registered or subject to a prohibition order

103 Advertising of health services if person is de-registered or subject to a prohibition order

103 Advertising of health services if person is de-registered or subject to a prohibition order

(cf 1991 Act, s 10AL)

(1) A person must not advertise a health service that is to be provided by a de-registered health practitioner unless the advertisement specifies that the health practitioner’s registration under health registration legislation has been cancelled, or is suspended, as the case may be.

Maximum penalty—100 penalty units, or imprisonment for 6 months, or both.

(2) A person must not advertise a health service that is to be provided by a health practitioner or relevant health organisation subject to a prohibition order unless the advertisement specifies that the health practitioner or relevant health organisation is subject to the order.

Maximum penalty—100 penalty units, or imprisonment for 6 months, or both.

(3) A person is not guilty of an offence under this section if the person did not know, and could not reasonably have known, that—

(a) the health practitioner had been de-registered or was subject to a prohibition order, or

(b) the relevant health organisation was subject to a prohibition order.

pt 6, div 3 (ss 90–96): Rep 2017 No 43, Sch 1 [47].

s 103: Am 2017 No 50, Sch 5.28 [6]; 2020 No 32, Sch 6[17] [18].