Top of page Why has the delegated legislation that is required not been made available?
The relevant provisions take effect on 1 March 2008, allowing time for the details of the legislative instruments to be developed in consultation with stakeholders. What are the penalties? The legislation contains both criminal offences and civil penalty provisions. The penalty for each criminal offence is up to five years imprisonment and/or a fine of up to $33,000 ($165,000 for corporations). The penalty under each civil penalty provision is up to $66,000 for individual requesters or providers, and $660,000 for corporations. Breaches of the provisions will also be referred to a Medicare Participation Review Committee, potentially resulting in loss of access to Medicare. In general, the criminal offences apply where a person has asked for, accepted, offered or provided a benefit or made threats and it can be established that there is intent to request pathology or diagnostic imaging services from a particular provider as a result of being provided the benefit, or to induce a requester
