36Pharmaceutical benefits obtained by approved medical practitioners for the purposes of section 93 of the Act

#### 36 Pharmaceutical benefits obtained by approved medical practitioners for the purposes of section 93 of the Act (1) This section is made for the purposes of section 140 of the Act. Offence—obtaining pharmaceutical benefit for purposes of section 93 of the Act by lodging order under section 33 of this instrument (2) An approved medical practitioner commits an offence if he or she obtains a pharmaceutical benefit for the purposes of section 93 of the Act by lodging with an approved pharmacist an order under section 33 of this instrument. Penalty: 0.2 penalty units. Offence—obtaining pharmaceutical benefit for purposes of section 93 of the Act more than once each month (3) An approved medical practitioner commits an offence if he or she obtains a pharmaceutical benefit for the purposes 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) (4) 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. (5) For the purposes of paragraph (4)(c), the notice must be: (a) in a form approved, in writing, by the Secretary; and (b) signed and dated by the practitioner. (6) An approved medical practitioner commits an offence if he or she: (a) gives a notice to the Secretary under subsection (4); and (b) does not 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) (7) 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. (8) For the purposes of paragraph (7)(c), the record must be: (a) in a form approved, in writing, by the Secretary; and (b) signed and dated by the practitioner. (9) An approved medical practitioner commits an offence if he or she: (a) creates a record under subsection (7); and (b) does not 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 (10) An offence against subsection (2), (3), (4), (6), (7) or (9) is an offence of strict liability.