Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The proprietor of a base for mobile diagnostic imaging equipment commits an offence if a diagnostic imaging procedure is carried out on a person under the following circumstances:
(a) the procedure is carried out using equipment that is ordinarily located at the base when not in use, and is not ordinarily located at diagnostic imaging premises; and
(b) the base is 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.
(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 .