Commonwealth Consolidated Acts

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HEALTH INSURANCE ACT 1973 - SECT 23DZZIS

General and provider offences--making threats

Any person makes threat

             (1)  A person (the first person ) commits an offence if:

                     (a)  the first person threatens a second person; and

                     (b)  the first person intends that the threat will induce a requester of one or more kinds of pathology services or diagnostic imaging services to request any of those kinds of services from a particular provider.

Penalty:  Imprisonment for 5 years.

Note:          For the liability of an executive officer of a body corporate, see section 23DZZIT.

             (2)  The requester in paragraph (1)(b) may or may not be the second person. The provider in paragraph (1)(b) may or may not be the first person.

Provider knows that another person makes threat

             (3)  A person commits an offence if:

                     (a)  the person is a provider; and

                     (b)  a second person threatens a third person; and

                     (c)  the second person intends that the threat will induce a requester of one or more kinds of pathology services or diagnostic imaging services to request any of those kinds of services from the provider; and

                     (d)  the provider knows (either at the time of the threat or at any later time) that:

                              (i)  the second person threatens the third person; and

                             (ii)  the second person has that intention.

Penalty:  Imprisonment for 5 years.

Note:          For the liability of an executive officer of a body corporate, see section 23DZZIT.

             (4)  The requester in paragraph (3)(c) may or may not be the third person.

             (5)  Subsection (3) does not apply if:

                     (a)  within 30 days after the provider first becomes aware as mentioned in paragraph (3)(d), the provider reports the threat to the Chief Executive Medicare, in the form approved in writing by the Chief Executive Medicare; or

                     (b)  that 30 day period has not elapsed.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) of the Criminal Code ).



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