Document ID: chunk:federal_register_of_legislation:C2004C01399:clause:1_23dzzf
Version: federal_register_of_legislation:C2004C01399
Segment Type: clause
Provision Reference: sch 1 cl 23DZZF
Character Range: 25785–26714

23DZZF  Proprietor of unregistered premises 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 under the following circumstances:
 (a) the procedure is carried out either at the premises or elsewhere using equipment that is ordinarily located at the premises; and
 (b) the premises are not registered; and
 (c) the proprietor has neither:
 (i) given the person notice in writing that medicare benefit will not be payable for a diagnostic imaging service rendered using the procedure; nor
 (ii) caused written notice to that effect to be displayed prominently at the place where the procedure is carried out.

Maximum penalty: 10 penalty units.

 (2) Strict liability applies to all of the physical elements of the offence.

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