Commonwealth Consolidated Acts

TREATMENT BENEFITS (SPECIAL ACCESS) ACT 2019 - SECT 52

  (1)   A person commits an offence if:

  (a)   the person is a pathology practitioner; and

  (b)   another practitioner (the requesting practitioner ) requests the pathology practitioner to provide pathology services to a person (the patient ); and

  (c)   the patient is an eligible person; and

  (d)   the pathology practitioner provides those services; and

  (e)   the pathology practitioner makes a payment (either directly or indirectly) to the requesting practitioner either:

  (i)   in respect of other services provided by the requesting practitioner to the patient in connection with the request; or

  (ii)   in respect of the use of the requesting practitioner's staff in connection with taking pathology specimens from the patient.

Penalty:   60 penalty units.

  (2)   Strict liability applies to paragraph   (1)(c).

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