Commonwealth Consolidated Acts

MY HEALTH RECORDS ACT 2012 - SECT 77A

  (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 .