Document ID: chunk:federal_register_of_legislation:C2025C00156:section:23dzziq:p2
Version: federal_register_of_legislation:C2025C00156
Segment Type: section
Provision Reference: s 23DZZIQ (pt 2/2)
Character Range: 398146–399180

pathology services or diagnostic imaging services; and
 (b) a second person:
 (i) asks for a benefit from a third person; or
 (ii) accepts a benefit from a third person; and
 (c) the requester intends to request any of those kinds of services from a particular provider as a result of the second person being provided the benefit; and
 (d) the benefit is not a permitted benefit.
Penalty: Imprisonment for 5 years.
Note: For the liability of an executive officer of a body corporate, see section 23DZZIT.
 (6) The provider in paragraph (4)(c) or (5)(c) may or may not be the third person.
 (7) Subsection (4) does not apply if:
 (a) within 30 days after the requester first becomes aware as mentioned in paragraph (4)(d), the requester reports the benefit to the Chief Executive Medicare, in the form approved in writing by the Chief Executive Medicare; or
 (b) that 30 day period has not elapsed.
Note: A defendant bears an evidential burden in relation to the matters in subsection (7) (see subsection 13.3(3) of the Criminal Code).