Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The proprietor of diagnostic imaging premises commits an offence if a diagnostic imaging procedure is carried out on a person under the following circumstances:
(a) the procedure is carried out either at the premises or elsewhere using equipment that is ordinarily located at the premises; and
(b) the premises are not registered; and
(c) the proprietor has neither:
(i) given the person notice in writing that medicare benefit will not be payable for a diagnostic imaging service rendered using the procedure; nor
(ii) caused written notice to that effect to be displayed prominently at the place where the procedure is carried out.
(2) Strict liability applies to all of the physical elements of the offence.
Note: For strict liability , see section 6.1 of the Criminal Code .