Document ID: chunk:federal_register_of_legislation:C2024C00484:section:42
Version: federal_register_of_legislation:C2024C00484
Segment Type: section
Provision Reference: s 42
Character Range: 45502–46437

42  Pathology practitioners making payments to requesting practitioners
 (1) A person commits an offence if:
 (a) the person is a pathology practitioner; and
 (b) another practitioner (the requesting practitioner) requests the pathology practitioner to provide pathology services to a person (the patient); and
 (c) the patient is an eligible person; and
 (d) the pathology practitioner provides those services; and
 (e) the pathology practitioner makes a payment (either directly or indirectly) to the requesting practitioner either:
 (i) in respect of other services provided by the requesting practitioner to the patient in connection with the request; or
 (ii) in respect of the use of the requesting practitioner's staff in connection with taking pathology specimens from the patient.
Penalty: 60 penalty units.
 (2) Strict liability applies to paragraph (1)(c).
Note: For strict liability, see section 6.1 of the Criminal Code.