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MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 312

Offence for pathology practitioners providing pathology services to persons with whom they have arrangements

  (1)   A person commits an offence if:

  (a)   the person is a pathology practitioner; and

  (b)   the person has entered an arrangement with another practitioner to share the cost of:

  (i)   employing staff; or

  (ii)   buying, renting or maintaining items of equipment;

    (whether or not the arrangement involves paying money or providing other consideration); and

  (c)   the other practitioner requests the person to provide pathology services in respect of treatment under this Chapter; and

  (d)   the person provides those services while the arrangement is in force.

Penalty:   120 penalty units or imprisonment for 2 years.

  (2)   A person commits an offence if:

  (a)   the person is a pathology practitioner; and

  (b)   the pathology practitioner has entered an arrangement with a practitioner:

  (i)   to share a particular space in a building; or

  (ii)   for one of them to provide space in a building for the other to use or occupy; or

  (iii)   for one of them to permit the other to use or occupy the building; and

  (c)   the charges payable under the arrangement are not charges fixed at normal commercial rates; and

  (d)   the practitioner requests the pathology practitioner to provide pathology services in respect of treatment under this Chapter; and

  (e)   the pathology practitioner provides those services while the arrangement is in force.

Penalty:   120 penalty units or imprisonment for 2 years.


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