Commonwealth Consolidated Acts

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Proprietor of unregistered base must notify patients that medicare benefit not payable

  (1)   The proprietor of a base for mobile radiation oncology equipment commits an offence if a radiation oncology service is rendered on a person under the following circumstances:

  (a)   the service is rendered using equipment that is ordinarily located at the base when not in use, and is not ordinarily located at radiation oncology premises; and

  (b)   the base is not registered; and

  (c)   the proprietor has neither:

  (i)   given the person notice in writing that medicare benefit will not be payable for the service; nor

  (ii)   caused written notice to that effect to be displayed prominently at the place where the service is rendered.

Penalty:   10 penalty units.

  (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 .

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