An IBNR indemnity is payable to an MDO or insurer under section 16 or 17 in relation to a payment the MDO or insurer makes, or is liable to make, in relation to a claim even if:
(a) the MDO or insurer:
(i) has insured itself in relation to the payment; or
(ii) has already in fact been paid an amount by an insurer in relation to the payment; or
(b) the incident to which the claim relates occurred outside Australia; or
(c) the MDO or insurer made, or became liable to make, the payment before the commencement of this Act.