Page:Healthcare Services Act 2020.pdf/13

Rh (5) The Director may appoint, subject to any restrictions specified in the appointment, a suitably qualified individual who is neither a public officer nor an officer of a public authority to assist the Director in the administration of this Act.

(6) The Director, every authorised officer and every individual appointed under subsection (5) are taken to be public servants for the purposes of the Penal Code (Cap. 224). PART 2 LICENSING OF HEALTHCARE SERVICES Provision of licensable healthcare service to be licensed

8.—(1) A person must not provide a licensable healthcare service unless the person—
 * (a) is authorised to do so by a licence under this Act; or
 * (b) is exempt from this section by or under this Act in relation to that licensable healthcare service.

(2) A person that contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction—
 * (a) to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both; but
 * (b) if the person has any previous qualifying conviction, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 2 years or to both.

(3) In subsection (2), “qualifying conviction” means—
 * (a) a conviction for an offence under subsection (2); or
 * (b) a conviction (before, on or after the date of commencement of this section) for an offence under section 5(2) of the repealed Act.

Unlicensed premises and unlicensed conveyances

9.—(1) A licensee that provides a licensable healthcare service at any premises that is not licensed premises, or uses any conveyance