Medical and Midwife Indemnity Legislation Amendment Act 2019 (105 of 2019)

Schedule 4   Instruments

Part 2   Application and transitional

151   Administration of the indemnity schemes

(1) Despite the amendments of sections 39 and 40 of the Medical Indemnity Act 2002 made by this Schedule, those sections and any instrument made under or for the purposes of those sections, as in force immediately before the end of the day before this item commences, continue to apply in relation to any record required by those sections and instruments, as in force at that time, to be retained for a period starting before that time.

(2) Despite the amendments of section 48 of the Medical Indemnity Act 2002 made by this Schedule, that section continues to apply, as if those amendments had not been made, in relation to any amount payable before or after the commencement of this item under the IBNR Claims Protocol (within the meaning of that Act as in force immediately before that commencement), the Run-off Cover Claims and Administration Protocol (within the meaning of that Act as in force immediately before that commencement) or a scheme formulated under subsection 43(1) of that Act (as in force immediately before that commencement).

(3) Despite the amendments of section 65 of the Medical Indemnity Act 2002 made by this Schedule:

(a) that section; and

(b) any regulations made for the purposes of that section;

as in force immediately before the commencement of this item, continue to apply in relation to any medical indemnity payment (within the meaning of that Act as in force immediately before that commencement) that becomes due and payable before that commencement.

(4) Despite the amendments of section 66 of the Medical Indemnity Act 2002 made by this Act:

(a) that section; and

(b) any regulations made for the purposes of that section;

as in force immediately before the commencement of this item, continue to apply in relation to any medical indemnity payment (within the meaning of that Act as in force immediately before that commencement) or late payment penalty (within the meaning of that Act as in force immediately before that commencement) that becomes due and payable before that commencement.


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