(1) The proprietor of a base for mobile radiation oncology equipment commits an offence if a radiation oncology service is rendered on a person under the following circumstances:
(a) the service is rendered using equipment that is ordinarily located at the base when not in use, and is not ordinarily located at radiation oncology premises; and
(b) the base is not registered; and
(c) the proprietor has neither:
(i) given the person notice in writing that medicare benefit will not be payable for the service; nor
(ii) caused written notice to that effect to be displayed prominently at the place where the service is rendered.
(2) Strict liability applies to all of the physical elements of the offence.
Note: For strict liability , see section 6.1 of the Criminal Code .