Document ID: chunk:federal_register_of_legislation:C2004A03717:body:0:p28
Version: federal_register_of_legislation:C2004A03717
Segment Type: other
Provision Reference: 
Character Range: 66968–69621

Where:
    (a) a person makes a decision under subsection 43 (6) affirming or varying a reviewable decision; or
    (b) the Minister makes a decision refusing to give an approval under section 19;
the person or the Minister, as the case may be, shall cause a notice in writing to be given to the person whose interests are affected by the decision (other than the Bank) containing:
    (c) the terms of the decision;
    (d) the reasons for the decision; and
    (e) a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the decision to which the notice relates.

"(2) Failure to include in a notice under subsection (1) a statement of the kind referred to in paragraph (1) (e) does not affect the validity of the decision to which the notice relates.
"(3) Subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal by a person other than the Bank for a review of a decision made under subsection 43 (6) affirming or varying a reviewable decision or a decision by the Minister refusing to give an approval under section 19.
"(4) In this section:
    'decision' has the same meaning as in the Administrative Appeals Tribunal Act 1975.

Certain provisions of agreement not to be revoked or amended
"45. An agreement between the Commonwealth and the Bank that revokes, amends or otherwise affects the operation of subclause 8.1, 8.3, 11.2, 11.3, 11.5, 11.7.6, 11.9, 11.10, 11.11, 11.12 or 11.13 of the agreement, as executed on 9 November 1988, has no effect.

Bankruptcy of purchaser or borrower
"45a. (1) Except with the approval of the Secretary, the estate or interest of a purchaser or borrower in any land or land and dwelling-house that is the subject of a contract of sale, or of a mortgage or other security securing a Corporation advance or a subsidised advance:
    (a) shall not be taken from the purchaser or borrower under the Bankruptcy Act 1966; and
    (b) shall not be sold in satisfaction of a judgment debt, otherwise than by the Bank or another mortgagee in the exercise of powers under a contract of sale, or a mortgage or other security.
"(2) Where a husband and wife are joint purchasers or borrowers in relation to land or land and a dwelling-house, the Secretary may give an approval under subsection (1) in relation to the estate or interest of both of them if either of them becomes bankrupt or incurs a judgment debt.

Exchange of information
"45b. (1) The Commonwealth shall give the Bank, as provided by the agreement, any information in the possession