Commonwealth Consolidated Acts

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Retention of requests etc.

  (1)   A medical practitioner who has rendered an R - type diagnostic imaging service pursuant to a subsection   16B(1) request must retain the written request for the period of 2 years commencing on the day on which the service was rendered.

  (2)   A medical practitioner must, if requested to do so by the Chief Executive Medicare, produce to a Departmental employee (within the meaning of the Human Services (Medicare) Act 1973 ), as soon as practicable and in any case before the end of the day after the day on which the request is made under this subsection, a request retained by the practitioner under subsection   (1).

  (3)   A Departmental employee (within the meaning of the Human Services (Medicare) Act 1973 ) may make and retain copies of, or take and retain extracts from, any request produced to the employee under subsection   (2).

  (4)   A medical practitioner who contravenes subsection   (1) or (2) commits an offence.

Penalty:   10 penalty units.

  (5)   Subsection   (4) does not apply if the practitioner has a reasonable excuse.

Note:   The defendant bears an evidential burden in relation to the matter in subsection   (5). See subsection   13.3(3) of the Criminal Code .

  (6)   An offence under subsection   (4) is an offence of strict liability.

Note:   For strict liability, see section   6.1 of the Criminal Code .

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