Commonwealth Consolidated Acts

HEALTH INSURANCE ACT 1973 - SECT 23DZZF

  (1)   The proprietor of diagnostic imaging premises commits an offence if a diagnostic imaging procedure is carried out on a person under the following circumstances:

  (a)   the procedure is carried out either at the premises or elsewhere using equipment that is ordinarily located at the premises; and

  (b)   the premises are not registered; and

  (c)   the proprietor has neither:

  (i)   given the person notice in writing that medicare benefit will not be payable for a diagnostic imaging service rendered using the procedure; nor

  (ii)   caused written notice to that effect to be displayed prominently at the place where the procedure is carried out.

Penalty:   10 penalty units.

  (2)   Strict liability applies to all of the physical elements of the offence.

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