Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies if:
(a) an amount (the actual run - off cover amount ) of run - off cover indemnity has been paid in relation to an eligible run - off claim made against a medical practitioner; and
(b) another amount (not being an amount referred to in subsection (5)) is paid to the practitioner, an MDO, a medical indemnity insurer or another person in relation to the incident or incidents to which the claim relates, or in relation to one or more other incidents; and
(c) the other amount was not taken into account in calculating the actual run - off cover amount; and
(d) if the other amount had been so taken into account, a lesser amount (the reduced run - off cover amount , which could be zero) of run - off cover indemnity would have been paid in relation to the liability.
(2) The amount overpaid is the amount by which the actual run - off cover amount exceeds the reduced run - off cover amount.
(3) If the Chief Executive Medicare has given an MDO or a medical indemnity insurer a notice under subsection 34ZL(1) in relation to the amount overpaid, the amount is a debt owed to the Commonwealth by the MDO or insurer.
(4) The amount overpaid may be recovered:
(a) by action by the Chief Executive Medicare against the MDO or insurer in a court of competent jurisdiction; or
(b) under section 42.
(5) This section does not apply to any of the following:
(a) an amount paid to an insurer by another insurer under a right of contribution;
(b) a payment of high cost claim indemnity;
(c) a payment of exceptional claims indemnity;
(d) an amount of a kind specified in the rules for the purposes of this paragraph.