Document ID: chunk:federal_register_of_legislation:C2025C00156:section:23dzziae
Version: federal_register_of_legislation:C2025C00156
Segment Type: section
Provision Reference: s 23DZZIAE
Character Range: 364581–366818

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.