Commonwealth Consolidated Acts

HEALTH INSURANCE ACT 1973 - SECT 23DZZIAE

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

  (a)   the procedure is carried out:

  (i)   at the premises; or

  (ii)   using equipment that is ordinarily located at the premises; and

  (b)   medicare benefit is not payable in respect of a diagnostic imaging service rendered using the procedure; and

  (c)   medicare benefit is not payable because the premises are not accredited for the procedure under a diagnostic imaging accreditation scheme; and

  (d)   the proprietor has neither:

  (i)   given the person notice in writing stating that medicare benefit will not be payable in respect of a diagnostic imaging service rendered using the procedure and the reasons why medicare benefit will not be payable; 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)   The proprietor of a base for mobile diagnostic imaging equipment commits an offence if a diagnostic imaging procedure is carried out on a person in the following circumstances:

  (a)   the procedure is carried out:

  (i)   at the base; or

  (ii)   using equipment that is ordinarily located at the base when not in use, and is not ordinarily located at diagnostic imaging premises; and

  (b)   medicare benefit is not payable in respect of a diagnostic imaging service rendered using the procedure; and

  (c)   medicare benefit is not payable because the base is not accredited for that procedure under a diagnostic imaging accreditation scheme; and

  (d)   the proprietor has neither:

  (i)   given the person notice in writing stating that medicare benefit will not be payable in respect of a diagnostic imaging service rendered using the procedure and the reasons why medicare benefit will not be payable; 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.

  (3)   Strict liability applies to subsections   (1) and (2).

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