26DNotification and record‑keeping

#### 26D Notification and record‑keeping Offences—giving notice (1) A person (the insurer) commits an offence if: (a) the insurer provides medical indemnity cover under subsection 26A(1) or 26C(1); and (b) the insurer does not give to the person to whom the cover is provided a written notice stating: (i) the nature and range of incidents it covers; and (ii) the terms and conditions on which it is provided. Penalty: Imprisonment for 6 months. (2) A person (the insurer) commits an offence if: (a) the insurer provides medical indemnity cover under subsection 26A(1) or 26C(1); and (b) the insurer does not, within the notification period, give to the Chief Executive Medicare a written notice stating: (i) the name of the practitioner for whom the medical indemnity cover is provided; and (ii) the date from which the medical indemnity cover took effect; and (iii) such other matters as are determined, by legislative instrument, by the Minister administering the Medical Indemnity Act 2002. Penalty: Imprisonment for 6 months. (2A) The notification period for the purposes of paragraph (2)(b) is a period, starting on the day after the day on which the insurer provides the medical indemnity cover in question, of: (a) 61 days; or (b) such greater number of days as the Minister administering the Medical Indemnity Act 2002 determines by legislative instrument. Offence—record‑keeping (4) A person (the insurer) commits an offence if: (a) the insurer provides medical indemnity cover under subsection 26A(1) or 26C(1); and (b) the insurer gives written notice as required by subsection (1) of this section to the person to whom the cover is provided; and (c) the insurer does not keep a copy of the notice for the period starting when the notice is given and ending 5 years after the insurer ceases to provide the cover. Note: Paragraph 26A(4)(e) sets out the period for which the insurer must provide the cover. Penalty: Imprisonment for 6 months.