23DZZIAEProprietor of unaccredited premises or base must notify patients that medicare benefit not payable

#### 23DZZIAE Proprietor of unaccredited premises or base must notify patients that medicare benefit not payable (1) The proprietor of diagnostic imaging premises commits an offence if a diagnostic imaging procedure is carried out on a person in the following circumstances: (a) the procedure is carried out: (i) at the premises; or (ii) using equipment that is ordinarily located at the premises; and (b) medicare benefit is not payable in respect of a diagnostic imaging service rendered using the procedure; and (c) medicare benefit is not payable because the premises are not accredited for the procedure under a diagnostic imaging accreditation scheme; and (d) the proprietor has neither: (i) given the person notice in writing stating that medicare benefit will not be payable in respect of a diagnostic imaging service rendered using the procedure and the reasons why medicare benefit will not be payable; nor (ii) caused written notice to that effect to be displayed prominently at the place where the procedure is carried out. Penalty: 10 penalty units. (2) The proprietor of a base for mobile diagnostic imaging equipment commits an offence if a diagnostic imaging procedure is carried out on a person in the following circumstances: (a) the procedure is carried out: (i) at the base; or (ii) using equipment that is ordinarily located at the base when not in use, and is not ordinarily located at diagnostic imaging premises; and (b) medicare benefit is not payable in respect of a diagnostic imaging service rendered using the procedure; and (c) medicare benefit is not payable because the base is not accredited for that procedure under a diagnostic imaging accreditation scheme; and (d) the proprietor has neither: (i) given the person notice in writing stating that medicare benefit will not be payable in respect of a diagnostic imaging service rendered using the procedure and the reasons why medicare benefit will not be payable; nor (ii) caused written notice to that effect to be displayed prominently at the place where the procedure is carried out. Penalty: 10 penalty units. (3) Strict liability applies to subsections (1) and (2). > Note: For strict liability, see section 6.1 of the Criminal Code.