Page:Healthcare Services Act 2020.pdf/38

38 (4) A licensee that contravenes subsection (1), or fails to comply with any condition under subsection (2), shall be guilty of an offence.

(5) Any person (not being a licensee) that contravenes subsection (3), or fails to comply with any condition under subsection (1)(c) or (2), shall be guilty of an offence.

(6) A person that is guilty of an offence under subsection (4) or (5) shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.

Advertisement of licensable healthcare services

31.—(1) A person must not advertise, or cause to be advertised, a licensable healthcare service unless the person—
 * (a) is a licensee authorised to provide that licensable healthcare service; or
 * (b) is acting on the authority of the licensee mentioned in paragraph (a) in advertising the licensable healthcare service or causing the licensable healthcare service to be advertised.

(2) For every advertisement of a licensable healthcare service by or caused by a licensee or a person mentioned in subsection (1)(b), the licensee and that person (if applicable) must ensure that the advertisement complies and is published in accordance with all prescribed requirements relating to the medium the advertisement appears in, and the content and form of the advertisement.

(3) A person that fails to comply with subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.