Document ID: chunk:federal_register_of_legislation:C2005A00147:clause:1_76:p2
Version: federal_register_of_legislation:C2005A00147
Segment Type: clause
Provision Reference: sch 1 cl 76 (pt 2/2)
Character Range: 31270–32436

etc.

 (1) An *MDO does not fail to satisfy the *same business test merely because, before 1 July 2003:
 (a) the MDO restructured the way it *provides medical indemnity cover; or
 (b) the MDO ceased to provide medical indemnity cover;
in order to comply with the Medical Indemnity (Prudential Supervision and Product Standards) Act 2003.

 (2) A *general insurance company which is an *associate of an *MDO does not fail to satisfy the *same business test merely because, before 1 July 2003:
 (a) the MDO restructured the way it *provides medical indemnity cover; or
 (b) the MDO ceased to provide medical indemnity cover;
in order to comply with the Medical Indemnity (Prudential Supervision and Product Standards) Act 2003.

165‑212E  Entry history rule does not apply for the purposes of the same business test

  For the purposes of the *same business test, if an entity (the joining entity) becomes a *subsidiary member of a *consolidated group or a *MEC group, section 701‑5 (the entry history rule) does not operate to take the *business of the *head company of the group to include the business of the joining entity before it became a *member of the group.