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MIDWIFE PROFESSIONAL INDEMNITY (COMMONWEALTH CONTRIBUTION) SCHEME ACT 2010 - SECT 49

Modifications and exclusions

  (1)   The Rules may provide that this Part applies with specified modifications in relation to:

  (a)   a specified class of claims; or

  (b)   a specified class of contracts of insurance; or

  (c)   a specified class of situations in which a liability is, whether wholly or partly, covered by more than one contract of insurance.

  (2)   The Rules may provide that this Part does not apply, or applies with specified modifications, in relation to a specified class of liabilities or payments.

  (3)   Without limiting subsection   (2), the Rules may specify modifications regarding how this Part applies in relation to a liability under an order of a court requiring an amount to be paid pending the outcome of an appeal, including modifications:

  (a)   to deal with what happens if, as a result of the appeal or another appeal, the amount paid later becomes wholly or partly repayable; and

  (b)   to deal with what happens if the amount paid is later applied towards a liability that is confirmed as a result of the appeal or another appeal.

  (4)   This section does not allow the Rules to modify a provision that creates an offence, or that imposes an obligation which, if contravened, constitutes an offence.



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