Document ID: chunk:federal_register_of_legislation:C2025C00156:section:127
Version: federal_register_of_legislation:C2025C00156
Segment Type: section
Provision Reference: s 127
Character Range: 712500–713937

127  Assignor of medicare benefit to be given copy of assignment etc.
 (1) A person (in this section referred to as the practitioner) shall not enter into an agreement under subsection 20A(1) with another person (in this section referred to as the patient) for the assignment to the practitioner of the right to the payment of a medicare benefit in respect of a professional service (not being an agreement entered into by way of the acceptance of an offer to assign under subsection 20A(2)), unless the practitioner:
 (a) causes the particulars relating to the professional service that are required by the form approved for the purposes of subsection 20A(1) to be set out in the agreement to be so set out in the agreement before the patient signs the agreement; and
 (b) causes a copy of the agreement to be given to the patient as soon as practicable after the patient signs the agreement.
 (2) A person who contravenes subsection (1), commits an offence punishable on conviction by imprisonment for a period not exceeding 3 months or a fine not exceeding 10 penalty units, or both.
 (3) Subsection (2) does not apply if the person has a reasonable excuse.
Note: The defendant bears an evidential burden in relation to the matter in subsection (3). See subsection 13.3(3) of the Criminal Code.
 (4) An offence under subsection (2) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.