Commonwealth Consolidated Acts

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HEALTH INSURANCE ACT 1973 - SECT 19CC

Offence in relation to a medical practitioner rendering a service for which a medicare benefit is not payable

  (1)   A medical practitioner, or a person acting on behalf of the medical practitioner, commits an offence if:

  (a)   he or she renders to another person a professional service in respect of which a medicare benefit is not payable because of section   19AA, 19AB, 19ABA or 19ABC; and

  (b)   before the service is rendered, such steps as are reasonable in all the circumstances have not been taken to inform:

  (i)   the other person; or

  (ii)   if the other person is in the care of someone else--that person;

    that a medicare benefit would not be payable.

Penalty:   1 penalty unit.

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

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



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