Document ID: chunk:federal_register_of_legislation:C2024C00580:section:32d
Version: federal_register_of_legislation:C2024C00580
Segment Type: section
Provision Reference: s 32D
Character Range: 51875–53052

32D  Civil penalty—failure to comply with requirement in notice
 (1) A person referred to in paragraph 32C(1)(b) contravenes this section if:
 (a) the person is given a notice under section 32C requiring the person to do something in respect of a dental service; and
 (b) the person fails to comply with the requirement within the period specified in the notice.
Civil penalty:
 (a) for an individual—20 penalty units; and
 (b) for a body corporate—100 penalty units.
 (2) It is a defence in proceedings against a person for a contravention of subsection (1) if the person proves (on the balance of probabilities) that:
 (a) the failure to comply is brought about by another person over whom the person has no control or by a non‑human act or event over which the person has no control; and
 (b) the person could not reasonably be expected to guard against the failure.
 (3) Part VIA of the Health Insurance Act 1973 applies in relation to this section as if subsection (1) of this section were a civil penalty provision as defined in section 125B of that Act.
Note: Part VIA of the Health Insurance Act 1973 provides a regime for the obtaining of orders for a civil penalty.