Document ID: chunk:federal_register_of_legislation:C2004A00739:clause:1_135aaa:p3
Version: federal_register_of_legislation:C2004A00739
Segment Type: clause
Provision Reference: sch 1 cl 135AAA (pt 3/4)
Character Range: 37474–40002

and liabilities as apply under subsection (1) or (3), as the case requires, in relation to the person or body by whom the person is or was so employed or engaged.

 (6) A person to whom a medicare number, or a medicare number and the expiry date in relation to that number, are disclosed in contravention of subsection (1), (3) or (5) is guilty of an offence if:
 (a) the person knows or ought reasonably to know that the disclosure of the number, or number and date, was in contravention of that subsection; and
 (b) the person directly or indirectly discloses that number or that date to any person, or otherwise makes use of that number or that date.

Penalty: 50 penalty units or imprisonment for 2 years, or both.

 (7) Despite subsection (1), (3) or (5), a person or body to whom a medicare number, or a medicare number and the expiry date in relation to that number, are provided solely for a purpose set out or referred to in that subsection may disclose that number or expiry date to another person for another specified purpose with the express authority of:
 (a) the person in respect of whom that number was provided; or
 (b) the legal guardian of that person; or
 (c) another person identified in a determination made by the Minister under section 86D or 88AA as capable of authorising the recording and retention of such number or number and date, on behalf of the person to whom the number applies.

 (8) A person to whom a medicare number, or a medicare number and the expiry date in relation to that number, are disclosed in accordance with an express authority under subsection (7) is guilty of an offence if the person:
 (a) directly or indirectly discloses that number or that date to another person; or
 (b) makes use of that number or that date;
other than for the purpose specified by the person giving the authority.

Penalty: 50 penalty units or imprisonment for 2 years, or both.

 (9) Nothing in subsection (1), (3), (5), (6) or (8) prevents a medicare number or an expiry date in relation to such a number from being communicated to a court for the purpose of proceedings under this section.

 (10) In this section:

approved supplier has the same meaning as in Part VII.

expiry date, in relation to a medicare number, has the same meaning as in Part VII.

medicare number, in relation to a person, has the same meaning as in Part VII.

participating dental practitioner has the same meaning as in Part VII.

 (11) A reference in this section to a number, or number and date, provided to an approved