Document ID: chunk:federal_register_of_legislation:C2007A00088:clause:1_23dzziq:p1
Version: federal_register_of_legislation:C2007A00088
Segment Type: clause
Provision Reference: sch 1 cl 23DZZIQ (pt 1/2)
Character Range: 34562–37168

23DZZIQ  Requester offences—asking for or accepting prohibited benefits

Requester asks for or accepts prohibited benefit

 (1) A person commits an offence if:
 (a) the person is a requester of one or more kinds of pathology services or diagnostic imaging services; and
 (b) the requester accepts a benefit from a second person; and
 (c) the second person intends that the benefit will induce the requester to request any of those kinds of services from a particular provider; and
 (d) the requester knows (either at the time of the acceptance of the benefit or at any later time) that the second person has that intention; and
 (e) the benefit is not a permitted benefit.

Penalty: Imprisonment for 5 years.

 (2) A person commits an offence if:
 (a) the person is a requester of one or more kinds of pathology services or diagnostic imaging services; and
 (b) the requester:
 (i) asks for a benefit from a second person; or
 (ii) accepts a benefit from a second person; and
 (c) the requester intends to request any of those kinds of services from a particular provider as a result of being provided the benefit; and
 (d) the benefit is not a permitted benefit.

Penalty: Imprisonment for 5 years.

 (3) The provider in paragraph (1)(c) or (2)(c) may or may not be the second person.

Requester knows that another person asks for or accepts prohibited benefit

 (4) A person commits an offence if:
 (a) the person is a requester of one or more kinds of pathology services or diagnostic imaging services; and
 (b) a second person accepts a benefit from a third person; and
 (c) the third person intends that the benefit will induce the requester to request any of those kinds of services from a particular provider; and
 (d) the requester knows (either at the time of the acceptance of the benefit or at any later time) that:
 (i) the second person accepts the benefit from the third person; and
 (ii) the third person has that intention; and
 (e) the benefit is not a permitted benefit.

Penalty: Imprisonment for 5 years.

 (5) A person commits an offence if:
 (a) the person is a requester of one or more kinds of 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.

 (6) The provider in paragraph (4)(c) or (5)(c) may or may not be the