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s 23DZZI

Application of this Division to partnerships

In force
Volume 1Parts I to VAA (sections 1 to 106ZR)
Part IIBSpecial provisions relating to diagnostic imaging services
Division 4Diagnostic Imaging Register

23DZZI Application of this Division to partnerships

(1)

Where a partnership, rather than a person or government agency, is in effective control of:

(a)

diagnostic imaging premises, whether or not the holder of an estate or interest in the premises; and

(b)

the use of the diagnostic imaging equipment used at the premises; and

(c)

the employment of staff (including medical practitioners) connected with the premises;

each partner in the partnership is taken to be a proprietor of the premises for the purposes of this Division.

(2)

Where a partnership, rather than a person or government agency, is in effective control of:

(a)

a base for mobile diagnostic imaging equipment, whether or not the holder of an estate or interest in the base; and

(b)

the use of diagnostic imaging equipment ordinarily located at the base when not in use; and

(c)

the employment of staff (including medical practitioners) connected with the base;

each partner in the partnership is taken to be a proprietor of the premises for the purposes of this Division.

(3)

However:

(a)

an obligation under this Division, although imposed on each partner in the partnership, may be discharged by any of them; and

(b)

a right under this Division, if exercised by one of the partners in the partnership, is taken to have been exercised on behalf of all of them; and

(c)

no more than one partner may be punished for one offence under this Part.

(4)

In this section:

employment has the same meaning as in section 23DZO.

government agency has the same meaning as in section 23DZO.

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Section 23DZZI — Application of this Division to partnerships — Health Insurance Act 1973 (Commonwealth) — Barrister AI