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MEDICAL INDEMNITY (PRUDENTIAL SUPERVISION AND PRODUCT STANDARDS) ACT 2003 - SECT 26

Federal Court may order insurer to make offer

  (1)   If the Federal Court of Australia is satisfied that an insurer has engaged in, or is proposing to engage in, conduct that constitutes a contravention of subsection   22(1) or 23(1) by failing to make an offer, the Court may, on application by the client, ASIC or the Minister administering the Medical Indemnity Act 2002 , grant an injunction requiring the insurer to make an offer.

  (2)   The Court may specify in its order granting the injunction:

  (a)   the terms in which the offer is to be made; and

  (b)   the time by which the offer must be made; and

  (c)   the period for which the offer must be open for acceptance by the health care professional; and

  (d)   the time from which the contract that results from the offer is to have effect if the offer is accepted.


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