Document ID: chunk:federal_register_of_legislation:C2023C00421:section:23:p3
Version: federal_register_of_legislation:C2023C00421
Segment Type: section
Provision Reference: s 23 (pt 3/3)
Character Range: 50517–52581

against subsection (1), (3) or (4) only if regulations are in force for the purposes of subparagraph (1)(c)(i) both:
 (a) when the event referred to in paragraph (1)(b) occurs; and
 (b) when the period of 28 days referred to in subparagraph (1)(c)(ii) ends.
If this is so, the requirements that the compulsory offer must satisfy are those specified in the regulations as in force when the event referred to in paragraph (1)(b) occurs.

Defences for offences against subsections (1), (3) and (4)
 (5) Subsections (1), (3) and (4) do not apply if every health care incident covered by the regulated insurance contract is, or would be, one occurring outside Australia and the external Territories.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).
 (6) Subsection (1) does not apply if:
 (a) the insurer makes an offer for the purposes of subsection (1); and
 (b) the only reason why the offer does not satisfy subparagraph (1)(c)(i) is that the offer does not extend to some of the health care professional's otherwise uncovered prior incidents; and
 (c) the insurer has reasonable grounds for believing that the offer does extend to all the health care professional's otherwise uncovered prior incidents.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).

Compulsory offer has no effect in certain circumstances
 (7) A compulsory offer made by an insurer for the purposes of subsection (1) ceases to have effect if the winding up of the insurer starts before the offer is accepted.
Note: An insurer must not carry on insurance business after the winding up of the insurer has started: see section 116 of the Insurance Act 1973.

Effect of subsection (1)
 (8) Subsection (1) has effect subject to section 116 of the Insurance Act 1973.
Note: This means that an insurer does not have to make a compulsory offer for the purposes of subsection (1) once the winding up of the insurer has started.