Document ID: chunk:federal_register_of_legislation:C2005C00239:clause:1_51
Version: federal_register_of_legislation:C2005C00239
Segment Type: clause
Provision Reference: sch 1 cl 51
Character Range: 58177–59765

51  Subsection 82ZTC(2)
Repeal the subsection, substitute:

 (2) If the Health Insurance Ombudsman makes a recommendation to a registered organization under paragraph (1)(a), he or she may request that the public officer of the registered organization, before the registered organization takes any action or changes its rules to give effect to that recommendation, report to the Health Insurance Ombudsman, within a time specified in the recommendation, on the action proposed to be taken or the rule change proposed to be made.

 (3) If the Health Insurance Ombudsman makes a recommendation to a hospital, day hospital or medical practitioner under paragraph (1)(b), he or she may request that the hospital, day hospital or medical practitioner, before taking any action to give effect to that recommendation, report to the Health Insurance Ombudsman, within a time specified in the recommendation, on the action proposed to be taken.

 (4) The public officer of a registered organization must not fail to report to the Health Insurance Ombudsman in accordance with a request under subsection (2).

Penalty for an offence against this subsection: 10 penalty units.

 (5) An offence under subsection (4) is an offence of strict liability.

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

 (6) The public officer of a registered organization must not make a report to the Health Insurance Ombudsman under subsection (2) knowing that the report is false or misleading in a material particular.

Penalty for an offence against this subsection: Imprisonment for 6 months.