18ABenefits obtained by approved medical practitioners for the purposes of section 93

#### 18A Benefits obtained by approved medical practitioners for the purposes of section 93 Offence—obtaining pharmaceutical benefit for purposes of section 93 of the Act by lodging order under regulation 16 (1) An approved medical practitioner commits an offence if he or she obtains a pharmaceutical benefit for the purpose of section 93 of the Act by lodging with an approved pharmacist an order under regulation 16. Penalty: 0.2 penalty units. Offence—obtaining pharmaceutical benefit for purposes of section 93 of the Act more than once each month (2) An approved medical practitioner commits an offence if he or she obtains a pharmaceutical benefit for the purpose of section 93 of the Act more than once in each month. Penalty: 0.2 penalty units. Offence—not giving notice of obtaining pharmaceutical benefit for purposes of section 93 of the Act (manual claim) (3) An approved medical practitioner commits an offence if he or she: (a) obtains a pharmaceutical benefit for the purpose of the supply of the benefit under section 93 of the Act; and (b) makes a claim for a payment under section 99AAA of the Act, in relation to obtaining the benefit for such a supply, using the manual system referred to in that section; and (c) does not, when making the claim, give notice to the Secretary that he or she has obtained the benefit. Penalty: 0.2 penalty units. (4) For subregulation (3), the notice must be: (a) in a form authorised by the Secretary; and (b) signed and dated by the practitioner. (5) An approved medical practitioner who gives a notice to the Secretary under subregulation (3) must retain a copy of the notice for at least 2 years from the date on which he or she gives the notice to the Secretary. Penalty: 0.2 penalty units. Offence—not creating record of obtaining pharmaceutical benefit for purposes of section 93 of the Act (CTS claim) (5A) An approved medical practitioner commits an offence if he or she: (a) obtains a pharmaceutical benefit for the purpose of the supply of the benefit under section 93 of the Act; and (b) makes a CTS claim in relation to obtaining the benefit for such a supply; and (c) does not create a written record of having obtained the benefit as soon as practicable after obtaining it. Penalty: 0.2 penalty units. (5B) For subregulation (5A), the record must be: (a) in a form authorised by the Secretary; and (b) signed and dated by the practitioner. (5C) An approved medical practitioner who creates a record under subregulation (5A) must retain the record for at least 2 years from the date on which it was created. Penalty: 0.2 penalty units. Strict liability applies to offences (6) An offence against subregulation (1), (2), (3), (5), (5A) or (5C) is an offence of strict liability. > Note: For strict liability, see section 6.1 of the Criminal Code. Entitlement to payment (7) An approved medical practitioner is entitled to payment from the Commonwealth for obtaining a pharmaceutical benefit for the purpose of the supply of the benefit under section 93 of the Act if: (a) the pharmaceutical benefit is obtained in accordance with these Regulations; and (b) the approved medical practitioner makes a claim for a payment under section 99AAA of the Act in relation to obtaining the benefit for such a supply; and (c) if the claim is made using the manual system referred to in that section—the approved practitioner gives a notice to the Secretary in accordance with subregulation (3). (8) The approved medical practitioner is entitled to payment under subregulation (7) at the rate applicable under regulation 18 for the supply of the same benefit on an order under regulation 16.