Pathology practitioners making payments to requesting practitioners
42 Pathology practitioners making payments to requesting practitioners
A person commits an offence if:
the person is a pathology practitioner; and
another practitioner (the requesting practitioner) requests the pathology practitioner to provide pathology services to a person (the patient); and
the patient is an eligible person; and
the pathology practitioner provides those services; and
the pathology practitioner makes a payment (either directly or indirectly) to the requesting practitioner either:
in respect of other services provided by the requesting practitioner to the patient in connection with the request; or
in respect of the use of the requesting practitioner’s staff in connection with taking pathology specimens from the patient.
Penalty: 60 penalty units.
Strict liability applies to paragraph (1)(c).
For strict liability, see section 6.1 of the Criminal Code.
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