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COMMONWEALTHAct
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s 43

Pathology practitioners providing pathology services to persons with whom they have arrangements

In force
Part 5Administration and enforcement
Division 3Offences

43 Pathology practitioners providing pathology services to persons with whom they have arrangements

(1)

A person commits an offence if:

(a)

the person is a pathology practitioner; and

(b)

the person has entered an arrangement with another practitioner to share the cost of:

(i)

employing staff; or

(ii)

buying, renting or maintaining items of equipment;

(whether or not the arrangement involves paying money or providing other consideration); and

(c)

the other practitioner requests the person to provide pathology services in respect of treatment under this Act; and

(d)

the person provides those services while the arrangement is in force.

Penalty: 120 penalty units or imprisonment for 2 years.

(2)

A person commits an offence if:

(a)

the person is a pathology practitioner; and

(b)

the person has entered an arrangement with another practitioner:

(i)

to share a particular space in a building; or

(ii)

for one of them to provide space in a building for the other to use or occupy; or

(iii)

for one of them to permit the other to use or occupy the building; and

(c)

the charges payable under the arrangement are not charges fixed at normal commercial rates; and

(d)

the other practitioner requests the person to provide pathology services in respect of treatment under this Act; and

(e)

the person provides those services while the arrangement is in force.

Penalty: 120 penalty units or imprisonment for 2 years.

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