Document ID: chunk:federal_register_of_legislation:C2025C00156:section:124ff:p1
Version: federal_register_of_legislation:C2025C00156
Segment Type: section
Provision Reference: s 124FF (pt 1/2)
Character Range: 635585–638413

124FF  Determinations in relation to pathology and diagnostic imaging offences and contraventions
 (1) Subject to subsection 124J(8), where a Committee has determined, under subsection 124FE(1) or (2), that the Committee should consider whether a person caused or permitted a relevant offence or relevant civil contravention under Division 2 or 3 of Part IIBA to be engaged in by another person, the Committee must determine whether the person caused or permitted the offence or contravention to be engaged in by the other person.
 (2) Where the Committee determines that a person caused or permitted another person to engage in a relevant offence or relevant civil contravention under Division 2 or 3 of Part IIBA, it must make one of the following determinations:
 (a) that no action should be taken against the person;
 (b) that it should counsel the person;
 (c) that it should reprimand the person;
 (d) where the person is a practitioner—that the person is disqualified;
 (e) where the person employs, or has employed, a practitioner—that any practitioner who is employed by the person is, while so employed, taken to be disqualified;
 (f) where the person is or has been an officer of a body corporate that employs, or has employed, a practitioner—that any practitioner who is employed by a body corporate of which the person is an officer is, while so employed at a time when the person is such an officer, taken to be disqualified.
 (3) Where the Committee determines under paragraph (2)(d), (e) or (f) that a practitioner is disqualified, or is taken to be disqualified in certain circumstances, it must specify in the determination whether the practitioner is, or is taken to be, fully disqualified or disqualified in respect of one or more of the following:
 (a) the provision of specified professional services, or the provision of professional services other than specified professional services;
 (b) the provision of professional services to a specified class of persons, or the provision of professional services to persons other than a specified class of persons;
 (c) the provision of professional services within a specified location, or the provision of professional services otherwise than within a specified location.
 (4) Where the Committee determines under paragraph (2)(d), (e) or (f) that a practitioner is disqualified, or is taken to be disqualified in certain circumstances, the Committee must specify in the determination the period over which the disqualification is to have effect, being a period that ends within 5 years after the day on which the determination takes effect.
 (5) Where the Committee determines that pathology services or diagnostic imaging services were rendered as a result of the offence or contravention being engaged in by a person, it must:
 (a) identify those services;