"government agency" includes:

(a)

a Department of the Commonwealth or of a State or Territory; and

(b)

an authority (incorporated or unincorporated) established for a public purpose by or under a Commonwealth, State or Territory law.

Note: Section 23DZZI contains rules on the application of this Division to partnerships.

23DZP Application procedure

(1)

An application for registration of diagnostic imaging premises or a base for mobile diagnostic imaging equipment must:

(a)

be in writing; and

(b)

be in accordance with the approved form; and

(c)

include the primary information; and

(d)

include the other information prescribed for the purposes of this paragraph.

(2)

Information may only be prescribed if it is relevant to the purposes for which the Register is kept.

23DZQ Registration

(1)

If an application for registration of diagnostic imaging premises or a base for mobile diagnostic imaging equipment is properly made, the Minister must register the premises or base by:

(a)

allocating a unique location specific practice number to the premises or base; and

(b)

including the following information on the Register:

(i) the location specific practice number for the premises or base;
(ii) the day on which the registration takes effect;
(iii) the primary information;
(iv) the other information prescribed for the purposes of this subparagraph.

(2)

Registration takes effect on:

(a)

the day on which the application is properly made; or

(b)

the day specified by the applicant in the application;

whichever is later.

(3)

Registration ceases to have effect on the day on which it is cancelled.

(4)

Registration does not have effect while it is suspended.

(5)

Information may only be prescribed if it is relevant to the purposes for which the Register is kept.

(6)

The Minister must notify the proprietor, in writing, of:

(a)

the location specific practice number for the premises or base; and

(b)

the date on which registration takes effect;

within 28 days after the application for registration is properly made.

23DZR Primary information

(1)

The following information is primary information :

(a)

details of the proprietor (including, where the proprietor is a company, its Australian Company Number) of the diagnostic imaging premises or the base for mobile diagnostic imaging equipment (as the case requires);

(b)

the business name under which diagnostic imaging procedures are carried out;

(c)

the ABN under which diagnostic imaging procedures are carried out:

(i) in the case of diagnostic imaging premises—using diagnostic imaging equipment that is ordinarily located at the premises; or
(ii) in the case of a base for mobile diagnostic imaging equipment—using diagnostic imaging equipment ordinarily located at the base when not in use that is not ordinarily located at diagnostic imaging premises;

(d)

in the case of diagnostic imaging premises:

(i) the address of the premises; and
(ii) a statement identifying the types of diagnostic imaging equipment ordinarily located at the premises;

(e)

in the case of a base for mobile diagnostic imaging equipment:

(i) the address of the base; and
(ii) the address of the proprietor; and
(iii) a statement identifying the type of each piece of diagnostic imaging equipment that is ordinarily located at the base when not in use and is not ordinarily located at diagnostic imaging premises;

(f)

details of the legal relationships that give rise to a right to use the equipment.

(2)

The regulations may prescribe types of diagnostic imaging equipment for the purposes of this section.

23DZS Register may be maintained electronically

The Register may be maintained electronically.

23DZT Extract of the Register to be made available on request

(1)

A person may, for the purposes of determining whether medicare benefit is likely to be payable in respect of a particular diagnostic imaging service, request an extract of the Register in relation to diagnostic imaging premises or a base for mobile diagnostic imaging equipment specified in the request.

(2)

An extract of the Register containing the following information must be made available to the person on that request:

(a)

the business name under which diagnostic imaging procedures are carried out at the premises or using equipment listed for the base;

(b)

the address of the premises or base;

(c)

the location specific practice number for the premises or base;

(d)

if a suspension of the registration of the premises or base is in effect at the time the extract is given—a statement of that fact and the date on which the suspension took effect;

(e)

if a cancellation of the registration of the premises or base is in effect at the time the extract is given—a statement of that fact and the date on which the cancellation took effect.

23DZU Minister may publish an extract of the Register on the Internet

The Minister may publish on the Internet an extract of the Register containing the following information in relation to diagnostic imaging premises or a base for mobile diagnostic imaging equipment:

(a)

the business name under which diagnostic imaging procedures are carried out using equipment listed for the premises or the base;

(b)

the address of the premises or base;

(c)

the location specific practice number for the premises or base;

(d)

a statement identifying the periods during which the current or a previous registration has had effect.

23DZV Proprietors to notify the Minister of changes to primary information

(1)

The proprietor of registered diagnostic imaging premises must notify the Minister in writing of changes to the primary information in relation to the premises within 28 days after the change occurs.

(2)

The proprietor of a registered base for mobile diagnostic imaging equipment must notify the Minister of changes to the primary information in relation to the base within 28 days after the change occurs.

23DZW Minister may request further information

(1)

The Minister may give notice in writing to the proprietor of registered diagnostic imaging premises or a registered base for mobile diagnostic imaging equipment, requesting the proprietor to give the Minister information of the kind specified in the notice.

(2)

The information must be given to the Minister:

(a)

within 28 days after the notice is given; or

(b)

if a longer period is specified in the notice—within that longer period.

This is the response period .

(3)

The kinds of information specified in the notice must be relevant to the purposes for which the Register is kept.

23DZX Suspension for failure to comply with a request

(1)

The Minister must suspend the registration of diagnostic imaging premises or a base for mobile diagnostic imaging equipment if the proprietor of the premises or base has failed to comply with a request for information under section 23DZW within the response period.

(2)

The suspension takes effect on the day after the end of the response period.

(3) The suspension ceases to have effect:

(a)

if the request is complied with within 3 months after the end of the response period (the compliance period )—on the day on which it is complied with; or

(b)

if the registration of the premises or base is cancelled because the proprietor fails to comply with the request within the compliance period—on the day immediately after the end of that period.

(4)

The Minister must give the proprietor notice in writing that the registration of the premises or base has been suspended.

(5)

The Minister must note the day on which the suspension takes effect on the Register.

23DZY Cancellation for failure to provide information within 3 months after the response period

(1)

The Minister must cancel the registration of registered diagnostic imaging premises or a registered base for mobile diagnostic imaging equipment if the proprietor of the premises or base fails to comply with a request for information under section 23DZW within the compliance period.

(2)

The cancellation takes effect on the day immediately after the end of the response period.

(3)

The Minister must give the proprietor written notice of the cancellation.

23DZZ Cancellation at the request of the proprietor

(1)

The Minister must cancel the registration of diagnostic imaging premises or a base for mobile diagnostic imaging equipment if the proprietor requests, in writing, the Minister to do so.

(2)

The cancellation takes effect on:

(a)

the day immediately after the request is given to the Minister; or

(b)

the day specified by the proprietor in the request;

whichever is later.

23DZZA Cancellation on other grounds

(1)

The Minister may cancel the registration of diagnostic imaging premises or a base for mobile diagnostic imaging equipment if:

(a)

the registration was obtained improperly; or

(b)

the proprietor has failed to notify the Minister of changes to primary information.

(2)

The Minister must give the proprietor notice in writing of the Minister's decision to cancel the registration of the premises or base.

(3)

The Minister must set out his or her reasons for the decision in that notice.

(4)

The cancellation takes effect on:

(a)

the day on which the Minister gives the proprietor the notice; or

(b)

the day specified in the notice;

whichever is later.

23DZZB Cancellation to be noted on the Register

If the registration of diagnostic imaging premises or a base for mobile diagnostic imaging equipment is cancelled, the Minister must note the day on which the cancellation takes effect on the Register.

23DZZC Limits on registration after cancellation under section 23DZY or 23DZZA

(1)

If the registration of diagnostic imaging premises or a base for mobile diagnostic imaging equipment is cancelled under section 23DZY or 23DZZA, the proprietor is not entitled to apply for registration of the premises or base within a period of 12 months after the cancellation without the Minister's permission.

(2)

In deciding whether to permit the proprietor to apply to have the premises or base registered, the Minister must take into account whether:

(a)

the act or omission that gave rise to the cancellation was inadvertent; and

(b)

it is reasonable to conclude, in all the circumstances, that the proprietor will comply with this Division in making the application and after registration of the premises or base.

(3)

If the Minister decides not to permit the proprietor to apply to have the premises or base registered, the Minister must give the proprietor notice in writing of the fact.

(4)

The Minister must set out his or her reasons for the decision in that notice.

23DZZD Minister must invite submissions before cancelling registration

(1)

Before cancelling the registration of diagnostic imaging premises or a base for mobile diagnostic imaging equipment under section 23DZZA, the Minister must invite the proprietor of the premises or base to make a submission to the Minister giving reasons why that action should not be taken.

(2)

The invitation must be given by notice in writing to the proprietor.

(3)

The submission must be given in writing to the Minister:

(a)

within 28 days after the notice is given; or

(b)

if a longer period is specified in the notice—within that longer period.

23DZZE Application to Administrative Appeals Tribunal for review of a decision to cancel registration

(1)

Application may be made to the Administrative Appeals Tribunal for review of a decision:

(a)

to cancel the registration of diagnostic imaging premises or a base for mobile diagnostic imaging equipment under section 23DZZA; and

(b)

not to permit a proprietor to apply for registration of diagnostic imaging premises or a base for mobile diagnostic imaging equipment under section 23DZZC.

(2)

The application must be made:

(a)

where the decision is to cancel the registration of the premises or base under section 23DZZA—within 28 days after the notice of the decision is given to the proprietor under that section; and

(b)

where the decision is not to permit the proprietor of the premises or base to apply for registration of the premises or base under section 23DZZC—within 28 days after the notice of the decision is given to the proprietor under that section.

23DZZF Proprietor of unregistered premises must notify patients that medicare benefit not payable

(1)

The proprietor of diagnostic imaging premises commits an offence if a diagnostic imaging procedure is carried out on a person under the following circumstances:

(a)

the procedure is carried out either at the premises or elsewhere using equipment that is ordinarily located at the premises; and

(b)

the premises are not registered; and

(c)

the proprietor has neither:

(i) given the person notice in writing that medicare benefit will not be payable for a diagnostic imaging service rendered using the procedure; nor
(ii) caused written notice to that effect to be displayed prominently at the place where the procedure is carried out.

Maximum 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 .

23DZZG Proprietor of unregistered base must notify patients that medicare benefit not payable

(1)

The proprietor of a base for mobile diagnostic imaging equipment commits an offence if a diagnostic imaging procedure is carried out on a person under the following circumstances:

(a)

the procedure is carried out using equipment that is ordinarily located at the base when not in use, and is not ordinarily located at diagnostic imaging 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 a diagnostic imaging service rendered using the procedure; nor
(ii) caused written notice to that effect to be displayed prominently at the place where the procedure is carried out.

Maximum 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 .

23DZZH Debt recovery where proprietor fails to inform patient that premises or base not registered

If:

(a)

a procedure used in rendering a diagnostic imaging service is carried out in the following circumstances:

(i) the procedure is carried out using diagnostic imaging equipment that is ordinarily located at diagnostic imaging premises that are not registered; or
(ii) the procedure is carried out using diagnostic imaging equipment that, when not in use, is ordinarily located at an unregistered base for mobile diagnostic imaging equipment and the equipment is not ordinarily located at diagnostic imaging premises; and

(b)

the proprietor of the premises or base failed to inform the person to whom the diagnostic imaging service was rendered that no medicare benefit would be payable for the service; and

(c)

the Minister makes a direction under subsection 16D(1) that medicare benefit will be paid for the service;

an amount equal to the medicare benefit is recoverable from the proprietor as a debt due to the Commonwealth.

23DZZI Application of this Division to partnerships

(1)

Where a partnership, rather than a person or government agency, is in effective control of:

(a)

diagnostic imaging premises, whether or not the holder of an estate or interest in the premises; and

(b)

the use of the diagnostic imaging equipment used at the premises; and

(c)

the employment of staff (including medical practitioners) connected with the premises;

each partner in the partnership is taken to be a proprietor of the premises for the purposes of this Division.

(2)

Where a partnership, rather than a person or government agency, is in effective control of:

(a)

a base for mobile diagnostic imaging equipment, whether or not the holder of an estate or interest in the base; and

(b)

the use of diagnostic imaging equipment ordinarily located at the base when not in use; and

(c)

the employment of staff (including medical practitioners) connected with the base;

each partner in the partnership is taken to be a proprietor of the premises for the purposes of this Division.

(3)

However:

(a)

an obligation under this Division, although imposed on each partner in the partnership, may be discharged by any of them; and

(b)

a right under this Division, if exercised by one of the partners in the partnership, is taken to have been exercised on behalf of all of them; and

(c)

no more than one partner may be punished for one offence under this Part.

(4)

In this section: