If:
(a) a procedure used in rendering a diagnostic imaging service is carried out in the following circumstances:
(i) the procedure is carried out using diagnostic imaging equipment that is ordinarily located at diagnostic imaging premises that are not registered; or
(ii) the procedure is carried out using diagnostic imaging equipment that, when not in use, is ordinarily located at an unregistered base for mobile diagnostic imaging equipment and the equipment is not ordinarily located at diagnostic imaging premises; and
(b) the proprietor of the premises or base failed to inform the person to whom the diagnostic imaging service was rendered that no medicare benefit would be payable for the service; and
(c) the Minister makes a direction under subsection 16D(1) that medicare benefit will be paid for the service;
an amount equal to the medicare benefit is recoverable from the proprietor as a debt due to the Commonwealth.