Document ID: chunk:federal_register_of_legislation:C2019A00105:clause:4_148
Version: federal_register_of_legislation:C2019A00105
Segment Type: clause
Provision Reference: sch 4 cl 148
Character Range: 58928–60415

148  IBNR indemnity scheme
(1) The amendments of:
 (a) the definition of participating MDO in subsection 4(1) of the Medical Indemnity Act 2002; and
 (b) Division 1 of Part 2 (other than sections 24 and 27 and Subdivision F) of that Act;
made by this Schedule apply in relation to any IBNR indemnity for which an application is made after the commencement of this item.
(2) The amendments of section 24 of the Medical Indemnity Act 2002 made by this Schedule apply in relation to any amount required to be repaid under subsection 24(1) of that Act after the commencement of this item, whether the IBNR indemnity, or amount mentioned in paragraph 24(1)(b) of that Act, is paid to the MDO or insurer before or after that commencement.
(3) Despite the amendments of section 27 of the Medical Indemnity Act 2002 made by this Schedule:
 (a) that section; and
 (b) any regulations made for the purposes of that section;
as in force immediately before the commencement of this item, continue to apply in relation to any amount that becomes due and payable under section 24 of that Act before that commencement.
(4) Despite the amendments of Subdivision F of Division 1 of Part 2 of the Medical Indemnity Act 2002 made by this Schedule, section 27B of that Act continues to apply in relation to any payment, or amount payable, under the IBNR Claims Protocol (within the meaning of that Act as in force immediately before the commencement of this item), as if those amendments had not been made.