Document ID: chunk:federal_register_of_legislation:C2024C00866:section:93d:p3
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 93D (pt 3/3)
Character Range: 1364469–1366553

is eligible to be provided with under this Part, commits an offence against this section.
 (5) A person who, being a proprietor or one of the proprietors of a private hospital or a person acting on behalf of such a proprietor, in order to influence or affect a practitioner as defined in subsection (1) in the doing of any act or thing the purpose of which is, or the effect of which will be, to enable an eligible person to be admitted as an in‑patient in the hospital for treatment that the person is eligible to be provided with under this Part, gives or confers, or agrees to give or confer, to or on the practitioner or any other person any property, benefit or advantage of any kind, commits an offence against this section.
 (6) Where an offence against this section is committed by a corporation, an officer of the corporation who intentionally authorised or permitted the commission of the offence commits an offence against this section.
 (8) A person who is convicted of an offence against this section is punishable by imprisonment for a period not exceeding 5 years or a fine not exceeding 100 penalty units.
 (9) In a prosecution of a person for an offence against this section, it is a defence if the person proves that the conduct in question was in accordance with the standards of professional conduct generally accepted by medical practitioners.
 (9A) Paragraph (2)(c), and subsections (4) and (5), do not apply if the person concerned has a reasonable excuse.
Note: The defendant bears an evidential burden in relation to the matter in subsection (9A). See subsection 13.3(3) of the Criminal Code.
 (10) Where a person is convicted of an offence against this section by virtue of subsection (4) or (5) in relation to the admission of a person as an in‑patient in a hospital, the court may, in addition to imposing a penalty in respect of the offence, order the person to pay to the Commonwealth an amount equal to the sum of any amounts paid by the Commonwealth in respect of treatment provided under this Part for the in‑patient of the private hospital concerned.