Document ID: chunk:federal_register_of_legislation:F2006L03540:body:0:p3
Version: federal_register_of_legislation:F2006L03540
Segment Type: other
Provision Reference: 
Character Range: 5459–8155

deductions or withholdings, no later than 30 days after such demand is made:

       (a) by a Trustee of a superannuation entity in respect of which there is a liability; or

       (b) by any acting trustee or other trustee appointed in place of a Trustee referred to in paragraph (a), pursuant to the general law or to the provisions of the Act or the Regulations, or of any law of the Commonwealth or of any State or Territory; or

       (c) by any receiver or receiver and manager or administrator or liquidator or provisional liquidator of a Trustee or superannuation entity referred to in paragraph (a), appointed pursuant to any law of the Commonwealth or of any State or Territory; or

       (d) by the Custodian,

   and such written demand shall:

       (i)           in the case of a demand made by any of the persons referred to in paragraphs (a), (b) or (c), attach as proof of the liability a certified copy of the judgment or order or the Custodian's written agreement to pay as the case may be;
       (ii)        in the case of a demand by the Custodian, be a certificate signed by a director, secretary or any officer whose title of office is or includes the name "Manager" or "Executive" of the Custodian, or under seal of the Custodian. The demand must state that the demand is made under this Guarantee and state the amount.

 Demand to be conclusive

   6. The attachment provided under clause 5(i) of this Guarantee will be conclusive evidence of the liability and the Guarantor will not be obliged to make any enquiry.

     Interest on money due

    7. The Guarantor must pay interest on money payable but unpaid under clause 5 of this Guarantee, from the due date for payment until the date of payment, at the rate of interest specified from time to time to be payable in respect of unpaid judgments in the rules of the Supreme Court of the State or Territory in which the registered office of the Guarantor is situated.

     Guarantor's obligations not to be prejudiced or diminished by certain matters

    8. The Guarantor's obligations under this Guarantee are absolute and unconditional in any and all circumstances, and shall not be prejudiced, released, discharged, reduced or otherwise affected by anything (whether done by or on behalf of, or occurring with or without the consent of or notice to, the Guarantor, a Trustee, the Custodian, any beneficiary or any other person) including:

       (a) any variation or novation of the principal contract or any variation of the custodian agreement;

       (b) any act or omission by a Trustee, a beneficiary or any other person which prejudices, releases, waives, varies or delays its rights in respect of