Unlawful engagement in prescribed practice of traditional Chinese medicine
s 24
Open ↗24.—(1) A person must not —(a) carry out any prescribed practice of traditional Chinese medicine; or (b) advertise or otherwise hold himself or herself out to be qualified to carry out any prescribed practice of traditional Chinese medicine, unless he or she is a qualified person in respect of that prescribed practice of traditional Chinese medicine and he or she carries out that prescribed practice in accordance with the conditions of his or her registration prescribed under section 14(4). (2) A person must not employ any person who is not a qualified person in respect of a prescribed practice of traditional Chinese medicine to carry out that prescribed practice of traditional Chinese medicine. (3) Subsections (1) and (2) are subject to any transitional or saving provisions in any regulations made under section 14(4). (4) Any person who acts in contravention of subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both. (5) In any proceedings for a contravention of subsection (2), it is a defence for the accused to prove that —(a) the accused did not know that the person the accused employed was not a qualified person in respect of the prescribed practice of traditional Chinese medicine in question; and (b) the accused had exercised due diligence to ascertain if the person was a qualified person. (6) For the purposes of this section, “qualified person”, in relation to a prescribed practice of traditional Chinese medicine, means a person who is —(a) registered to carry out; and (b) has in force a practising certificate which authorises the person to carry out, the prescribed practice of traditional Chinese medicine.