Commonwealth Numbered Acts

Health Acts Amendment Act 1981 No. 118 of 1981 - SECT 38

38. After section 129AA of the Principal Act the following section is
inserted: Prohibited practices in relation to the rendering of pathology
services

''129AAA. (1) An approved pathology practitioner who accedes to a request from
a practitioner (in this sub-section referred to as 'the requesting
practitioner') to provide pathology services to a patient shall not make a
payment, directly or indirectly, to the requesting practitioner for the
services provided by the requesting practitioner to that patient in connection
with the making of that request and, in particular, shall not make a payment,
directly or indirectly, to the requesting practitioner in respect of any use
of the staff of the requesting practitioner for the purpose of taking
pathology specimens from that patient.

''(2) Where an approved pathology practitioner has entered into an arrangement
with a practitioner under which there are shared between the 2 practitioners
the cost to them of employing staff or of buying, renting or maintaining items
of equipment, whether or not the arrangement involves the payment of money or
the provision of other consideration, the approved pathology practitioner
shall not, during the period when that arrangement is in force, accede to a
request from that other practitioner to provide pathology services to a
patient.

''(3) An approved pathology practitioner shall not provide at the premises of
a practitioner nursing or other staff to take pathology specimens from
patients for use in rendering pathology services, whether the staff is
stationed on those premises full-time or part-time or visits those premises
from time to time.

''(4) Where-

   (a)  there is in force between an approved pathology practitioner and a
        practitioner an arrangement under which-

        (i)    the 2 practitioners share a particular space in a building; or

        (ii)   one practitioner provides space in a building for the use or
               occupation of the other practitioner or permits the other
               practitioner to use or occupy space in a building; and

   (b)  the charges payable under the arrangement are not charges fixed at
        normal commercial rates, the approved pathology practitioner shall
        not, during the period when that arrangement is in force, accede to a
        request from the practitioner to provide pathology services to a
        patient.

''(5) A person who contravenes sub-section (1), (2), (3) or (4) is guilty of
an offence against this section.

''(6) Where an offence against this section is committed by a corporation, an
officer of the corporation who is in default is guilty of an offence against
this section.

''(7) A reference in sub-section (6) to an officer who is in default, in
relation to an offence committed by a corporation, includes a reference to an
officer who wilfully authorizes or permits the commission of the offence.

''(8) A person who is convicted of an offence against this section is
punishable by a fine not exceeding $10,000 or imprisonment for a period not
exceeding 5 years.

''(9) In this section-

'approved pathology practitioner' does not include-

   (a)  the Commonwealth or the Northern Territory;

   (b)  an authority established by a law of the Commonwealth; or

   (c)  a person referred to in paragraph (c) of the definition of 'eligible
        applicant' in sub-section 16C (1);

'officer' and 'pathology service' have the same respective meanings as in
section 129AA.''.