Document ID: chunk:federal_register_of_legislation:C2004A01252:clause:1_6
Version: federal_register_of_legislation:C2004A01252
Segment Type: clause
Provision Reference: sch 1 cl 6
Character Range: 2932–4998

6  After subsection 52(3)
Insert:

 (3A) For the purposes of paragraphs (2)(ca) and (cb), gross medical income, gross Medicare billable income and income period have the same meanings as in the Medical Indemnity (UMP Support Payment) Act 2002.

 (3B) For the purposes of paragraph (2)(da):
 (a) if the total period referred to in that paragraph is not a whole number of years, round the number up to the nearest whole number of years; and
 (b) if:
 (i) a person has been, prior to 1 July 2000, a member of an indemnity provider (other than the MDO referred to in that paragraph) that has, prior to 1 July 2000, provided medical indemnity cover to the person; and
 (ii) the MDO referred to in that paragraph has (whether before, on or after 1 July 2000) taken over the indemnity provider;
  the total period referred to in that paragraph, and in paragraph (a) of this subsection, is taken to include the total period for which the indemnity provider, prior to 1 July 2000, provided medical indemnity cover to the person.

 (3C) The reference in subparagraph (3B)(b)(ii) to an MDO having taken over an indemnity provider is a reference to the MDO having assumed some or all of the financial responsibility for claims:
 (a) that are claims in relation to incidents that occurred in the course of, or in connection with, the practice of a medical profession by the person in question; and
 (b) with which the indemnity provider would, but for that assumption of responsibility, have been concerned because of the indemnity provider having provided medical indemnity cover to the person.

 (3D) In subsections (3B) and (3C), and in this subsection:

indemnity provider means a body that provided medical indemnity cover.

provided medical indemnity cover has the meaning given by the Medical Indemnity (Prudential Supervision and Product Standards) Act 2003.

 (3E) A reference in paragraph (2)(da) or (db) to a liability to pay a UMP support payment includes a reference to a liability, before the commencement of that paragraph, to pay an IBNR indemnity contribution.