Document ID: chunk:federal_register_of_legislation:C2007A00088:clause:1_23dzziq:p2
Version: federal_register_of_legislation:C2007A00088
Segment Type: clause
Provision Reference: sch 1 cl 23DZZIQ (pt 2/2)
Character Range: 36943–37607

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 third person.

 (7) Subsection (4) does not apply if:
 (a) within 30 days after the requester first becomes aware as mentioned in paragraph (4)(d), the requester reports the benefit to the Medicare Australia CEO, in the form approved in writing by the CEO; or
 (b) that 30 day period has not elapsed.

Note: A defendant bears an evidential burden in relation to the matters in subsection (7) (see subsection 13.3(3) of the Criminal Code).