Commonwealth Consolidated Acts

MEDICAL INDEMNITY (PRUDENTIAL SUPERVISION AND PRODUCT STANDARDS) ACT 2003 - SECT 31

  (1)   If:

  (a)   before 1   July 2003, a person entered into an arrangement under which the person provides medical indemnity cover for a health care professional; and

  (b)   the sole or dominant purpose, or a substantial purpose, of the person in entering into the arrangement at that time was to avoid having a provision or provisions of this Act apply to the arrangement;

the arrangement is to be treated, for the purposes of this Act, as if it had been entered into on or after 1   July 2003.

  (2)   If:

  (a)   an arrangement under which a person provides medical indemnity cover for a health care professional comes into effect before 1   July 2003; and

  (b)   the sole or dominant purpose, or a substantial purpose, of the person in having the arrangement come into effect at that time was to avoid having a provision or provisions of this Act apply to the arrangement;

the arrangement is to be treated, for the purposes of this Act, as if it had come into effect on or after 1   July 2003.

  (3)   If:

  (a)   an arrangement under which a person provides medical indemnity cover for a health care professional was renewed before 1   July 2003; and

  (b)   the sole or dominant purpose, or a substantial purpose, of the person in having the arrangement renewed at that time was to avoid having a provision or provisions of this Act apply to the arrangement;

the arrangement is to be treated, for the purposes of this Act, as if it had been renewed on or after 1   July 2003.