Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If:
(a) a person renders a health service that is taken to be a professional service because of a determination in force under subsection 3C(1); and
(b) the service is taken, in accordance with the determination, to be specified in an item of the general medical services table; and
(c) the item mentions being referred by a medical practitioner, a general practitioner, a specialist or a consultant physician; and
(d) a claim is made for an amount to be paid under this Act in respect of the service;
the person must retain the referral for the period of 2 years beginning on the day the service is rendered.
(2) The Chief Executive Medicare may, by written notice, require the person to produce the referral to a medical practitioner who is a Departmental employee (within the meaning of the Human Services (Medicare) Act 1973 ) within the period specified in the notice.
(3) The period specified in the notice must not be less than 7 days after the day the notice is given.
(4) A person commits an offence of strict liability if:
(a) the person is required to keep a referral under subsection (1); and
(b) the person is given a notice under subsection (2); and
(c) the person fails to comply with the notice within the period specified in the notice.
(5) Subsection (4) does not apply if the person has a reasonable excuse.
Note: The defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) of the Criminal Code ).
(6) A medical practitioner who is a Departmental employee (within the meaning of the Human Services (Medicare) Act 1973 ) may make and retain copies of, or take and retain extracts from, any referral produced in accordance with a notice under subsection (2).