Dental Benefits Act 2008

A person referred to in paragraph 32C(1)(b) contravenes this section if:

the person is given a notice under section 32C requiring the person to do something in respect of a dental service; and

the person fails to comply with the requirement within the period specified in the notice.

for an individual—20 penalty units; and

for a body corporate—100 penalty units.

It is a defence in proceedings against a person for a contravention of subsection (1) if the person proves (on the balance of probabilities) that:

the failure to comply is brought about by another person over whom the person has no control or by a non‑human act or event over which the person has no control; and

the person could not reasonably be expected to guard against the failure.

Part VIA of the Health Insurance Act 1973 applies in relation to this section as if subsection (1) of this section were a civil penalty provision as defined in section 125B of that Act.

Part VIA of the Health Insurance Act 1973 provides a regime for the obtaining of orders for a civil penalty.