Commonwealth Consolidated Acts

HEALTH AND OTHER SERVICES (COMPENSATION) ACT 1995 - SECT 26

             (1)  A person must not refuse or fail to comply with a requirement of section 13 or 23 that the person give a notice to the Medicare Australia CEO under that section.

Penalty:  Imprisonment for 6 months.

          (1A)  Subsection (1) does not apply if the person has a reasonable excuse.

Note:          The defendant bears an evidential burden in relation to the matter in subsection (1A). See subsection 13.3(3) of the Criminal Code .

          (1B)  An offence under subsection (1) is an offence of strict liability.

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

             (3)  For the purposes of subsection (1A), a person is not taken to have reasonable excuse for refusing or failing to comply with a requirement of section 13 or 23 to give a notice to the Medicare Australia CEO only because:

                     (a)  the information required to be contained in the notice is, or could be, subject to a claim of privilege that would prevent the information being given in evidence in proceedings before a court or tribunal; or

                     (b)  the person is under a contractual obligation that prevents the person giving the information required to be contained in the notice; or

                     (c)  an order of a court or tribunal prevents the person giving the information required to be contained in the notice; or

                     (d)  an Australian law prevents the person giving the information required to be contained in the notice.

             (4)  Without limiting subsection (3), a person is not excused from giving a notice under section 13 or 23 on the ground that the information required to be contained in the notice may tend to incriminate the person.

             (5)  In any criminal proceeding:

                     (a)  evidence of any information given under section 13 or 23; and

                     (b)  evidence of any information, document or thing obtained as a direct or indirect result of the person having given the information;

cannot be used against the person. However, this subsection does not apply to a proceeding for an offence against subsection (1) of this section, or an offence against section 137.1 of the Criminal Code that relates to whichever of the sections mentioned in paragraph (a) of this subsection is relevant.

             (6)  If:

                     (a)  a person gives a notice to the Medicare Australia CEO under section 13 or 23; and

                     (b)  in so doing, the person would, apart from this section, contravene an Australian law;

the person is taken not to have contravened that law by giving the notice.

Note:       The obligations under this Division will not apply in circumstances covered by Division 3.