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Medical Indemnity Regulations 2003
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Turn the raw legal text into a practical explanation grounded in Medical Indemnity Regulations 2003.
(1) For subsection 52(4) of the Act, a person who is a participating member of a participating MDO (the former medical indemnity provider) is exempt from UMP support payment for a contribution year (the first contribution year) and for each later contribution year if: (a) on 30 June 2003 the person was, and after that date the person will continue to be, indemnified by a Commonwealth, State or Territory agency in relation to claims against or by the person in relation to all past incidents; and (b) before the payment day for that person for the first contribution year, the person gives to the Chief Executive Medicare, in writing: (i) a statement from the former medical indemnity provider to the effect that the former medical indemnity provider would not be able, in the ordinary course of its business, to indemnify the person in relation to any claims against or by the person in relation to past incidents; and (ii) a statement from the Commonwealth, State or Territory agency to the effect that on 30 June 2003 the person was, and after that date the person will continue to be, indemnified by that agency in relation to claims against or by the person in relation to all past incidents. (1A) A person who does not satisfy the conditions in subregulation (1), only because the person has not given the statements required by paragraph (1)(b) to the Chief Executive Medicare before the payment day for that person for the first contribution year, is taken to have satisfied that condition if the person gives the statements to the Chief Executive Medicare before the end of the period of 6 months starting on that payment day.
Note: A person to whom this subregulation applies is entitled to a refund of any UMP support payment paid by the person for the first contribution year or any later contribution year—see section 67 of the Act.
(2) In this regulation:
past incident has the meaning given by subregulation 22(4).