24Recovery if certain amounts paid to MDO or insurer after IBNR indemnity paid

#### 24 Recovery if certain amounts paid to MDO or insurer after IBNR indemnity paid (1) An MDO or insurer must repay an amount to the Commonwealth if: (a) an IBNR indemnity has been paid to the MDO or insurer in relation to a claim against or by a person in relation to an incident; and (b) an amount is paid to the MDO or insurer in relation to the payment the MDO or insurer made in relation to the incident; and (c) that amount was not taken into account in calculating the amount of the IBNR indemnity paid to the MDO or insurer; and (d) the amount is not an amount referred to in subsection 21(4); and (e) the Chief Executive Medicare gives the MDO or insurer a notice in relation to the amount under section 26. (2) The amount to be repaid is the amount referred to in paragraph (1)(b). (4) The amount to be repaid is a debt due to the Commonwealth. (5) The amount to be repaid may be recovered: (a) by action by the Chief Executive Medicare against the MDO or insurer in a court of competent jurisdiction; or (b) by deduction from the amount of an indemnity scheme payment payable to the MDO or insurer; or (c) under section 42. The total amount recovered must not exceed the amount to be repaid.