Document ID: chunk:federal_register_of_legislation:C2018A00064:clause:3_20bb
Version: federal_register_of_legislation:C2018A00064
Segment Type: clause
Provision Reference: sch 3 cl 20BB
Character Range: 20944–22748

20BB  Confirmation of other referrals
 (1) If:
 (a) a person renders a health service that is taken to be a professional service because of a determination in force under subsection 3C(1); and
 (b) the service is taken, in accordance with the determination, to be specified in an item of the general medical services table; and
 (c) the item mentions being referred by a medical practitioner, a general practitioner, a specialist or a consultant physician; and
 (d) a claim is made for an amount to be paid under this Act in respect of the service;
the person must retain the referral for the period of 2 years beginning on the day the service is rendered.
 (2) The Chief Executive Medicare may, by written notice, require the person to produce the referral to a medical practitioner who is a Departmental employee (within the meaning of the Human Services (Medicare) Act 1973) within the period specified in the notice.
 (3) The period specified in the notice must not be less than 7 days after the day the notice is given.
 (4) A person commits an offence of strict liability if:
 (a) the person is required to keep a referral under subsection (1); and
 (b) the person is given a notice under subsection (2); and
 (c) the person fails to comply with the notice within the period specified in the notice.
Penalty: 5 penalty units.
 (5) Subsection (4) does not apply if the person has a reasonable excuse.
Note: The defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) of the Criminal Code).
 (6) A medical practitioner who is a Departmental employee (within the meaning of the Human Services (Medicare) Act 1973) may make and retain copies of, or take and retain extracts from, any referral produced in accordance with a notice under subsection (2).