23DPOffences in relation to request forms and confirmation forms

#### 23DP Offences in relation to request forms and confirmation forms (1) An approved pathology practitioner who contravenes subsection 23DK(1), (2), (3) or (6) commits an offence punishable, upon conviction, by a fine not exceeding 10 penalty units. (1A) An approved pathology authority who contravenes subsection 23DK(1A), (2A) or (3) commits an offence punishable, upon conviction, by a fine not exceeding 10 penalty units. (2) A practitioner, participating midwife or participating nurse practitioner who contravenes subsection 23DK(5) commits an offence punishable, upon conviction, by a fine not exceeding 10 penalty units. (3) An approved pathology practitioner or an approved pathology authority shall not provide (whether directly or indirectly) to a practitioner, a participating midwife or a participating nurse practitioner a pathology request form that is not in accordance with regulations made for the purposes of this subsection. Penalty: 10 penalty units. (3A) This section does not apply if the practitioner, participating midwife, participating nurse practitioner or authority has a reasonable excuse. > Note: The defendant bears an evidential burden in relation to the matter in subsection (3A). See subsection 13.3(3) of the Criminal Code. (3B) An offence under this section is an offence of strict liability. > Note: For strict liability, see section 6.1 of the Criminal Code. (4) In this section: (a) a reference to an approved pathology practitioner includes a reference to a person who has been an approved pathology practitioner; and (b) a reference to an approved pathology authority includes a reference to a person who has been an approved pathology authority; and (c) a reference to a practitioner includes a reference to a person who has been a practitioner; and (d) a reference to a participating midwife includes a reference to a person who has been a participating midwife; and (e) a reference to a participating nurse practitioner includes a reference to a person who has been a participating nurse practitioner. (5) In this section, pathology request form means a document for use by a practitioner, a participating midwife or a participating nurse practitioner in requesting pathology services.