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MEDICAL INDEMNITY (CONSEQUENTIAL AMENDMENTS) ACT 2002 NO. 133, 2002 - SCHEDULE 1

- Amendments

Health Insurance Act 1973

1
Subsection 130(1)

After " Health Insurance Commission Act 1973 ", insert "or the medical indemnity legislation".

2
Subsection 130(25)

Insert:

"medical indemnity legislation" means:

(a)
the Medical Indemnity Act 2002 ; and
(b)
the Medical Indemnity (Enhanced UMP Indemnity) Contribution Act 2002 ; and
(c)
the Medical Indemnity (IBNR Indemnity) Contribution Act 2002 .

Health Insurance Commission Act 1973

3
After paragraph 3A(1)(ba)

Insert:

(bb)
an offence against the Medical Indemnity Act 2002 ; or
4
Paragraph 3A(1)(c)

Repeal the paragraph, substitute:

(c)
an offence against section 6 of the Crimes Act 1914 , or section 11.1, 11.4 or 11.5 of the Criminal Code , that relates to an offence referred to in paragraph (a), (b), (ba) or (bb).
5
After paragraph 3A(2)(b)

Insert:

(ba)
an offence against the Medical Indemnity Act 2002 ; or
6
Paragraph 3A(2)(c)

Omit "or (b)", substitute ", (b) or (ba)".

7
Paragraph 3A(2)(d)

Repeal the paragraph, substitute:

(d)
an offence against section 134.1, 134.2, 135.1, 135.2, 135.4, 136.1, 137.1, 137.2, 145.2 or 145.3 of the Criminal Code that relates to:
(i)
a claim for payment in respect of the rendering of a professional service; or
(ii)
an indemnity scheme payment.
8
After paragraph 3A(2A)(c)

Insert:

(ca)
an offence against the Medical Indemnity Act 2002 ; or
9
Paragraph 3A(2A)(d)

Omit "or (c)", substitute ", (c) or (ca)".

10
Paragraph 3A(2A)(e)

Repeal the paragraph, substitute:

(e)
an offence against section 134.1, 134.2, 135.1, 135.2, 135.4, 136.1, 137.1, 137.2, 145.2 or 145.3 of the Criminal Code that relates to:
(i)
a claim for payment in respect of the rendering of a professional service; or
(ii)
an indemnity scheme payment.
11
Subsection 3A(3)

Omit "paragraphs (2)(d) and (2A)(e)", substitute "subsections (2) and (2A)".

12
Subsection 3A(3)

Insert:

"indemnity scheme payment" has the same meaning as in the Medical Indemnity Act 2002 .

13
At the end of section 42

Add:

(2)
The annual report must also include information about the operation of the following Acts during the financial year to which the report relates:

(a)
the Medical Indemnity Act 2002 ;
(b)
the Medical Indemnity (Enhanced UMP Indemnity) Contribution Act 2002 ;
(c)
the Medical Indemnity (IBNR Indemnity) Contribution Act 2002 .

National Health Act 1953

14
Subsection 135A(1)

After " Health Insurance Commission Act 1973 ", insert "or the medical indemnity legislation".

15
Subsection 135A(24)

Insert:

"medical indemnity legislation" means:

(a)
the Medical Indemnity Act 2002 ; and
(b)
the Medical Indemnity (Enhanced UMP Indemnity) Contribution Act 2002 ; and
(c)
the Medical Indemnity (IBNR Indemnity) Contribution Act 2002 .



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