Health Insurance Act 1973

The proprietor of diagnostic imaging premises commits an offence if a diagnostic imaging procedure is carried out on a person in the following circumstances:

the procedure is carried out:

at the premises; or

using equipment that is ordinarily located at the premises; and

medicare benefit is not payable in respect of a diagnostic imaging service rendered using the procedure; and

medicare benefit is not payable because the premises are not accredited for the procedure under a diagnostic imaging accreditation scheme; and

the proprietor has neither:

given the person notice in writing stating that medicare benefit will not be payable in respect of a diagnostic imaging service rendered using the procedure and the reasons why medicare benefit will not be payable; nor

caused written notice to that effect to be displayed prominently at the place where the procedure is carried out.

The proprietor of a base for mobile diagnostic imaging equipment commits an offence if a diagnostic imaging procedure is carried out on a person in the following circumstances:

the procedure is carried out:

at the base; or

using equipment that is ordinarily located at the base when not in use, and is not ordinarily located at diagnostic imaging premises; and

medicare benefit is not payable in respect of a diagnostic imaging service rendered using the procedure; and

medicare benefit is not payable because the base is not accredited for that procedure under a diagnostic imaging accreditation scheme; and

the proprietor has neither:

given the person notice in writing stating that medicare benefit will not be payable in respect of a diagnostic imaging service rendered using the procedure and the reasons why medicare benefit will not be payable; nor

caused written notice to that effect to be displayed prominently at the place where the procedure is carried out.

Strict liability applies to subsections (1) and (2).

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