Document ID: chunk:federal_register_of_legislation:C2023C00421:section:10
Version: federal_register_of_legislation:C2023C00421
Segment Type: section
Provision Reference: s 10
Character Range: 21257–23387

10  Medical indemnity cover to be provided only by general insurers and only under contracts of insurance
 (1) This subsection applies to a person if, on or after 1 July 2003:
 (a) the person:
 (i) offers to enter into; or
 (ii) invites an offer to enter into;
  an arrangement under which the person would provide medical indemnity cover for a health care professional; or
 (b) the person enters into an arrangement under which the person provides medical indemnity cover for a health care professional; or
 (c) an arrangement under which the person provides medical indemnity cover for a health care professional comes into effect; or
 (d) the person offers to renew an arrangement under which a person provides medical indemnity cover for a health care professional; or
 (e) an arrangement under which the person provides medical indemnity cover for a health care professional is renewed.
The relevant medical indemnity cover is the cover referred to in paragraph (a), (b), (c), (d), or (e).
 (2) A person (the cover provider) commits an offence if:
 (a) subsection (1) applies to the cover provider; and
 (b) either:
 (i) the cover provider is a constitutional corporation; or
 (ii) the cover provider is not a constitutional corporation but the arrangement has, or would have, a relevant constitutional connection; and
 (c) either:
 (i) the cover provider is neither a general insurer nor a Lloyd's underwriter; or
 (ii) the relevant medical indemnity cover is not, or would not be, effected by means of a contract of insurance.
Penalty: Imprisonment for 12 months.
 (3) To avoid doubt:
 (a) paragraph (1)(a) applies to offers or invitations that are received in Australia or the external Territories:
 (i) regardless of where any resulting arrangement is entered into; and
 (ii) whether or not any resulting arrangement is governed by the laws of a State or Territory; and
 (b) paragraph (1)(d) applies to offers that are received in Australia or the external Territories:
 (i) regardless of where any resulting renewal takes place; and
 (ii) whether or not the arrangement is governed by the laws of a State or Territory.