Document ID: chunk:federal_register_of_legislation:C2004A03717:body:0:p54
Version: federal_register_of_legislation:C2004A03717
Segment Type: other
Provision Reference: 
Character Range: 135084–137894

criteria set out in Schedule "C" will be the sole basis for a refusal in whole or in part by the Bank to make the Subsidised Advance or grant the Instalment Relief or give effect to the Commonwealth's consent to the Transfer of Land and Subsidy sought by the Entitled Applicant.
    7.8 Factors to be excluded by Bank
    The Bank further agrees that the following factors will not be taken into account when considering whether an Entitled Applicant has met the lending criteria set out in Schedule "C":
      (a) the age of the person;
      (b) the amount of money the Entitled Applicant has on deposit with the Bank and/or the period of time the Entitled Applicant has had money on deposit with the Bank;
      (c) the fact that the Entitled Applicant has never had money on deposit with the Bank or with any other bank, building society, or other financial institution;
      (d) the sex or marital status of the Entitled Applicant; and
      (e) the race, colour or religious beliefs of the Entitled Applicant.
    7.9 Reasons for Bank's decision
    The Bank further agrees that, if requested, the Bank's advice to the Entitled Applicant will, in the case of rejection in whole or in part of the application, include reasons in writing for the Bank's decision that the Entitled Applicant failed to meet the lending criteria.

SCHEDULE 1—continued
    7.10 Commonwealth determination
    Should the Commonwealth determine that an applicant is not an Entitled Applicant then any advance or instalment relief or benefit made or given by the Bank to the applicant shall not be a Subsidised Advance or Instalment Relief pursuant to this Agreement.
    7.11 Non-discrimination
    The Bank agrees that it will not discriminate against or differentiate other than as provided in this Agreement between an Entitled Applicant and its other Housing Loan Customers where the Entitled Applicant seeks only a Subsidised Advance, or Instalment Relief and/ or a consent to Transfer of Land and Subsidy and does not seek or apply for a further loan from the Bank.
    7.12 Treatment of Arrears
    The Bank agrees that in the treatment of Arrears, it will treat Borrowers no less favourably than its owner-occupied Housing Loan Customers. In particular, the Bank agrees that it will not impose any penalty interest, fine or other charge on the Borrower.
    7.13 Review of Commonwealth determination
         7.13.1 An applicant may seek to have the Commonwealth's determination reviewed in accordance with the review mechanism provided under the Amended Act, and should such review result in the Commonwealth's determination being amended, the Commonwealth shall advise the Bank and the applicant of the result of the review by issuing a further Certificate of Entitlement and the Bank shall, subject to Subclause 7.5,