Document ID: chunk:federal_register_of_legislation:C2010C00264:clause:1_23dzziae
Version: federal_register_of_legislation:C2010C00264
Segment Type: clause
Provision Reference: sch 1 cl 23DZZIAE
Character Range: 11152–13396

23DZZIAE  Proprietor of unaccredited premises or base must notify patients that medicare benefit not payable

 (1) The proprietor of diagnostic imaging premises commits an offence if a diagnostic imaging procedure is carried out on a person in the following circumstances:
 (a) the procedure is carried out:
 (i) at the premises; or
 (ii) using equipment that is ordinarily located at the premises; and
 (b) medicare benefit is not payable in respect of a diagnostic imaging service rendered using the procedure; and
 (c) medicare benefit is not payable because the premises are not accredited for the procedure under a diagnostic imaging accreditation scheme; and
 (d) the proprietor has neither:
 (i) given the person notice in writing stating that medicare benefit will not be payable in respect of a diagnostic imaging service rendered using the procedure and the reasons why medicare benefit will not be payable; nor
 (ii) caused written notice to that effect to be displayed prominently at the place where the procedure is carried out.

Penalty: 10 penalty units.

 (2) The proprietor of a base for mobile diagnostic imaging equipment commits an offence if a diagnostic imaging procedure is carried out on a person in the following circumstances:
 (a) the procedure is carried out:
 (i) at the base; or
 (ii) using equipment that is ordinarily located at the base when not in use, and is not ordinarily located at diagnostic imaging premises; and
 (b) medicare benefit is not payable in respect of a diagnostic imaging service rendered using the procedure; and
 (c) medicare benefit is not payable because the base is not accredited for that procedure under a diagnostic imaging accreditation scheme; and
 (d) the proprietor has neither:
 (i) given the person notice in writing stating that medicare benefit will not be payable in respect of a diagnostic imaging service rendered using the procedure and the reasons why medicare benefit will not be payable; nor
 (ii) caused written notice to that effect to be displayed prominently at the place where the procedure is carried out.

Penalty: 10 penalty units.

 (3) Strict liability applies to subsections (1) and (2).

Note: For strict liability, see section 6.1 of the Criminal Code.