11Intermediary’s responsibilities

11 Intermediary’s responsibilities

(1) A person (the intermediary) commits an offence if: (a) the intermediary provides a financial service on or after 1 July 2003; and (b) in the course of providing that service, the intermediary: (i) arranges, or offers to arrange, for someone to enter into or renew; or (ii) recommends that someone enter into or renew; an arrangement under which a person (the cover provider) provides, or would provide, medical indemnity cover for a health care professional; and (c) either: (i) the cover provider is a constitutional corporation; or (ii) the arrangement has, or would have, a relevant constitutional connection; and (d) either: (i) the cover provider is neither a general insurer nor a Lloyd’s underwriter; or (ii) the arrangement is not, or would not be, effected by means of a contract of insurance.

Penalty: Imprisonment for 12 months.

(2) It does not matter whether the intermediary provides the financial service in the intermediary’s own right or as a representative of another person. (3) To avoid doubt, the intermediary commits the offence whether or not the cover provider commits, or would commit, an offence against subsection 10(2).