Queensland Numbered Acts

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MEDICAL PRACTITIONERS REGISTRATION AMENDMENT ACT 2005 No. 30 - SECT 8

8 Replacement of s 273 (False or misleading information or documents)

Section 273--

omit, insert--

'(1) For this section--

(a) information is taken to be materially false if--
(i) the information is false or misleading in a material particular; or
(ii) regardless of the literal truth of the information, it has a propensity to mislead or deceive the board in a material particular, including through the omission of other material information; and
(b) a document is taken to be materially false if--
(i) the document contains or conveys information that is materially false; or
(ii) the document contains or conveys information that, by the time the document is given to the board, has become materially false; or
(iii) the document--
(iv) the document--

'(2) A person must not give the board--

(a) information that is materially false to the knowledge of the person; or
(b) a document that is materially false to the knowledge of the person.

Maximum penalty--200 penalty units.

'(3) A person must not contravene subsection (2) in connection with an application for registration by the person or someone else.

Maximum penalty--2000 penalty units or 3 years imprisonment.

'(4) A person must convey the relevant facts to the board as soon as reasonably practicable after the person--

(a) being a registrant, becomes aware that information or a document that was given to the board in connection with the person's registration--
(i) was materially false when it was given to the board; or
(ii) has since become materially false; or
(b) being a person who previously gave information or a document to the board, becomes aware that the information or document--
(i) was materially false when it was given to the board; or
(ii) has since become materially false.

Maximum penalty--200 penalty units.

'(5) A registrant must not act or practise as a registrant, or continue to do so, if--

(a) the registrant committed a contravention of subsection (2) in connection with the registrant's application for registration; or
(b) the registrant was knowingly concerned in, or a party to, a contravention of subsection (2) in connection with the registrant's application for registration; or
(c) the registrant has failed to convey the relevant facts to the board after becoming aware that information or a document that was given to the board in connection with the registrant's registration--
(i) was materially false when it was given to the board; or
(ii) has since become materially false.

Maximum penalty--2000 penalty units or 3 years imprisonment.

'(6) To remove any doubt, it is declared that in this section--

material particular, in relation to an application for registration, is not limited to a particular that would have been determinative of the application, but includes any particular that, had it been known to the board at the relevant time, might have influenced the board, a member, the executive officer or a member of the office's staff in--

(a) granting or refusing the application; or
(b) deciding the capacity in which the applicant may be registered, whether as a general registrant, provisional general registrant, specialist registrant, special purpose registrant or non-practising registrant; or
(c) imposing a probationary condition or other condition, qualification or restriction on registration granted to the applicant; or
(d) fixing the period of the registration granted to the applicant; or
(e) making further inquiries or conducting further investigations in connection with the application.

registrant means a person registered under part 3, including a general registrant, provisional general registrant, specialist registrant, special purpose registrant and non-practising registrant, whether or not the registration is on probationary conditions or other conditions.

registration means--

(a) registration as a registrant; or
(b) renewal of registration as a registrant; or
(c) restoration of registration as a registrant.'.


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