South Australian Consolidated Acts

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MEDICAL PRACTICE ACT 2004 - SECT 43

43—Restrictions on provision of medical treatment by unqualified persons

        (1)         A person—

            (a)         must not provide medical treatment of a prescribed kind; and

            (b)         cannot recover a fee or other charge, or any part of such a fee or charge, for medical treatment provided by the person,

unless, at the time the treatment was provided

            (c)         the person was a qualified person; or

            (d)         the person provided the treatment through the instrumentality of a qualified person.

        (2)         A person who contravenes subsection (1)(a) is guilty of an offence.

Maximum penalty: $50 000 or imprisonment for 6 months.

        (3)         Subsection (1) does not apply in relation to medical treatment provided by an unqualified person in prescribed circumstances or pursuant to an exemption under subsection (4).

        (4)         The Governor may, by proclamation, exempt a person from subsection (1) if of the opinion that good reason exists for doing so in the particular circumstances of the case.

        (5)         An exemption under subsection (4) may be subject to such conditions as the Governor thinks fit and specifies in the proclamation.

        (6)         A person who contravenes, or fails to comply with, a condition of an exemption under this section is guilty of an offence.

Maximum penalty: $50 000.

        (7)         The Governor may, by proclamation, vary or revoke a proclamation under this section.

        (8)         In this section—

"qualified person", in relation to medical treatment, means a person authorised by or under this Act or any other Act to provide that treatment.



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