Commonwealth Consolidated Acts

HEALTH INSURANCE ACT 1973 - SECT 19CC

             (1)  A medical practitioner, or a person acting on behalf of the medical practitioner, is guilty of 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 or 19ABA; 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.

Note:          For the purposes of sections 19AA and 19AB, professional service is defined in section 19AA. Professional service , when used in section 19ABA, is defined in subsection 3(1).

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

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