32CNCriminal offences relating to the giving of an authority to a health practitioner

32CN Criminal offences relating to the giving of an authority to a health practitioner

(1) A person commits an offence if: (a) the Secretary has authorised, under subsection 32CM(1), the person to supply a biological; and (b) the person supplies the biological; and (c) either of the following applies: (i) the supply is not in accordance with the authority; (iii) the supply is not in accordance with regulations made for the purpose of subsection 32CM(6); and (d) either: (i) the use of the biological has resulted in, will result in, or is likely to result in, harm or injury to any person; or (ii) the use of the biological, if the biological were used, would result in, or would be likely to result in, harm or injury to any person; and (e) the harm or injury has resulted, will result, is likely to result, would result, or would be likely to result, because: (i) the supply is not in accordance with the authority; or (iii) the supply is not in accordance with regulations made for the purpose of subsection 32CM(6).

Penalty: Imprisonment for 5 years or 4,000 penalty units, or both.

Note: A jury may acquit a person of an offence against this subsection and may convict the person of an offence against subsection (4) instead: see section 53A.

(4) A person commits an offence if: (a) the Secretary has authorised, under subsection 32CM(1), the person to supply a biological; and (b) the person supplies the biological; and (c) either of the following applies: (i) the supply is not in accordance with the authority; (iii) the supply is not in accordance with regulations made for the purpose of subsection 32CM(6).

Penalty: 500 penalty units.

(4A) A person commits an offence if: (a) the Secretary has authorised, under subsection 32CM(1), the person to supply a biological; and (b) the person supplies the biological; and (c) either of the following applies: (i) the supply is not in accordance with the authority; (iii) the supply is not in accordance with regulations made for the purpose of subsection 32CM(6).

Penalty: 100 penalty units.

(4B) An offence against subsection (4A) is an offence of strict liability. (5) A person commits an offence if: (a) the person is a health practitioner; and (b) the person is included in a class of health practitioners specified in subsection 32CM(7A) rules; and (c) the person supplies a biological specified in those rules; and (d) any of the following applies: (i) the supply is not in accordance with those rules; (ii) the supply is not in the circumstances specified in those rules; (iii) the supply is not in accordance with the conditions specified in those rules; and (e) either: (i) the use of the biological has resulted in, will result in, or is likely to result in, harm or injury to any person; or (ii) the use of the biological, if the biological were used, would result in, or would be likely to result in, harm or injury to any person; and (f) the harm or injury has resulted, will result, is likely to result, would result, or would be likely to result, because: (i) the supply is not in accordance with those rules; or (ii) the supply is not in the circumstances specified in those rules; or (iii) the supply is not in accordance with the conditions specified in those rules.