Health Insurance Act 1973

An individual commits an offence if:

the individual is a person under review; and

the individual is not a practitioner; and

the individual is given a notice under section 102 requiring the individual to appear at a hearing and give evidence to the Committee; and

the individual:

fails to appear at the hearing; or

appears at the hearing but refuses or fails to give evidence or to answer a question that the individual is asked by a Committee member in the course of the hearing.

Subsection (1) does not apply if paragraphs 104(5)(a) and (b) apply to the individual.

The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code.

An offence under subsection (1) is an offence of strict liability.

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

A body corporate commits an offence if:

the body is a person under review; and

the body is given a notice under section 102 requiring the body to cause an executive officer of the body to appear at a hearing and give evidence to the Committee; and

the body fails to cause an executive officer to:

appear at the hearing; or

give evidence at the hearing; or

answer a question asked by a Committee member in the course of the hearing.

Subsection (4) does not apply if:

the body has only one executive officer; and

paragraphs 104A(4)(b) and (c) apply to the officer.

The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code.

An offence under subsection (4) is an offence of strict liability.

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