Commonwealth Consolidated Acts

HEALTH INSURANCE ACT 1973 - SECT 19CB

  (1)   If a medical practitioner:

  (a)   is not authorised under the practitioner's registration under the National Law to render a particular professional service; or

  (b)   is authorised under the practitioner's registration under the National Law to render a particular professional service only in particular circumstances;

the Minister may, by instrument in writing served on the practitioner, direct that, with effect from the day specified in the direction, the practitioner must not:

  (c)   render such a service; or

  (d)   render such a service in circumstances where the practitioner is not authorised under the practitioner's registration under the National Law to render the service;

(as the case may be) unless, before rendering the service, the practitioner causes to be given to the patient a notice informing the patient that a medicare benefit will not be payable in respect of the service unless the Minister otherwise directs.

  (2)   The day specified in the direction must not be a day before the day on which the instrument is served on the practitioner.

  (3)   Unless sooner revoked, the direction has effect until the medical practitioner is authorised under the practitioner's registration under the National Law to, as the case may be:

  (a)   render the particular professional service; or

  (b)   render the particular professional service in circumstances in which the practitioner was not previously authorised under that registration to render it.

  (4)   If, while the direction has effect, the medical practitioner refuses or fails to comply with it, the medical practitioner commits an offence punishable upon conviction by a fine not exceeding 20 penalty units.

  (5)   Subsection   (4) does not apply if the practitioner has a reasonable excuse.

Note:   The defendant bears an evidential burden in relation to the matter in subsection   (5). See subsection   13.3(3) of the Criminal Code .

  (6)   An offence under subsection   (4) is an offence of strict liability.

Note:   For strict liability, see section   6.1 of the Criminal Code .