23DQForm etc. of requests

#### 23DQ Form etc. of requests (1) The regulations may specify: (a) the form in which a subsection 16B(1) request must be made; and (b) the information that must be included in the request. (2) A practitioner must not make a subsection 16B(1) request, or permit such a request to be made on his or her behalf, if the request contravenes regulations made for the purposes of subsection (1) of this section. Penalty: 10 penalty units. (2A) Subsection (2) does not apply if the practitioner has a reasonable excuse. > Note: The defendant bears an evidential burden in relation to the matter in subsection (2A). See subsection 13.3(3) of the Criminal Code. (3) A medical practitioner who renders R‑type diagnostic imaging services in the course of conducting his or her practice must not provide (whether directly or indirectly) to a practitioner a document for use by practitioners in making a subsection 16B(1) request if, in using the document for that purpose, a practitioner would contravene regulations made for the purposes of subsection (1) of this section. Penalty: 10 penalty units. (3A) Subsection (3) does not apply if the first‑mentioned medical practitioner 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: > practitioner means: (a) a medical practitioner; or (b) a dental practitioner; or (c) a chiropractor; or (d) a physiotherapist; or (e) a podiatrist; or (f) an osteopath; or (g) a participating midwife; or (h) a participating nurse practitioner.