(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.