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Medical Indemnity (Prudential Supervision and Product Standards) Bill 2003

Part 5 Miscellaneous

   

31   Anti-avoidance measures

             (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.

32   Act not to affect State and Territory laws

                   This Act is not intended to exclude or limit the concurrent operation of any law of a State or Territory.

33   Regulations

             (1)  The Governor-General may make regulations prescribing matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.

             (2)  The regulations may prescribe penalties not exceeding a fine of 10 penalty units for offences against the regulations.

 

 

 

 

[ Minister’s second reading speech made in—

House of Representatives on 12 December 2002

Senate on 24 March 2003 ]

 

(287/02)