Commonwealth Consolidated Acts

HEALTH INSURANCE ACT 1973 - SECT 23DP

  (1)   An approved pathology practitioner who contravenes subsection   23DK(1), (2), (3) or (6) commits an offence punishable, upon conviction, by a fine not exceeding 10 penalty units.

  (1A)   An approved pathology authority who contravenes subsection   23DK(1A), (2A) or (3) commits an offence punishable, upon conviction, by a fine not exceeding 10 penalty units.

  (2)   A practitioner, participating midwife or participating nurse practitioner who contravenes subsection   23DK(5) commits an offence punishable, upon conviction, by a fine not exceeding 10 penalty units.

  (3)   An approved pathology practitioner or an approved pathology authority shall not provide (whether directly or indirectly) to a practitioner, a participating midwife or a participating nurse practitioner a pathology request form that is not in accordance with regulations made for the purposes of this subsection.

Penalty:   10 penalty units.

  (3A)   This section does not apply if the practitioner, participating midwife, participating nurse practitioner or authority has a reasonable excuse.

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

  (3B)   An offence under this section is an offence of strict liability.

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

  (4)   In this section:

  (a)   a reference to an approved pathology practitioner includes a reference to a person who has been an approved pathology practitioner; and

  (b)   a reference to an approved pathology authority includes a reference to a person who has been an approved pathology authority; and

  (c)   a reference to a practitioner includes a reference to a person who has been a practitioner; and

  (d)   a reference to a participating midwife includes a reference to a person who has been a participating midwife; and

  (e)   a reference to a participating nurse practitioner includes a reference to a person who has been a participating nurse practitioner.

  (5)   In this section, pathology request form means a document for use by a practitioner, a participating midwife or a participating nurse practitioner in requesting pathology services.