(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) any of the following applies:
(i) the supply is not in accordance with the authority;
(ii) the supply is not in accordance with the conditions to which the authority is subject;
(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
(ii) the supply is not in accordance with the conditions to which the authority is subject; 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) any of the following applies:
(i) the supply is not in accordance with the authority;
(ii) the supply is not in accordance with the conditions to which the authority is subject;
(iii) the supply is not in accordance with regulations made for the purpose of subsection 32CM(6).
(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) any of the following applies:
(i) the supply is not in accordance with the authority;
(ii) the supply is not in accordance with the conditions to which the authority is subject;
(iii) the supply is not in accordance with regulations made for the purpose of subsection 32CM(6).
(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.
Penalty: Imprisonment for 5 years or 4,000 penalty units, or both.
(7) 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.
(8) 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.
(9) An offence against subsection (8) is an offence of strict liability.