Document ID: chunk:federal_register_of_legislation:C2025C00096:schedule:1a:p8
Version: federal_register_of_legislation:C2025C00096
Segment Type: schedule
Provision Reference: sch 1A (pt 8/9)
Character Range: 311856–314870

Agreement nor consent to any departure by any party therefrom shall in any event be of any force or effect unless the same shall be confirmed in writing, signed by all the parties hereto, and then such variation, modification, waiver or consent shall be effective only to the extent for which it may be made or given.

     12. ASSIGNMENT
     This Supplementary Agreement may not be assigned in whole or in part by either party without the prior written consent of the other party.

IN WITNESS WHEREOF the parties have executed this Agreement as at the day and year first before written:

SCHEDULE OF AMENDMENTS TO AGREEMENT
Clause 1

Amend the following definitions:

Establishment Fees:     Insert the words "or applications for retirement village accommodation" after the words "secured by first mortgage".
Housing Loan Customer:  Insert the words "or retirement village accommodation" after the words "or refinance of a dwelling".
Portfolio Arrears:      Insert the words "on the last day of the month immediately preceding the month in which a Subsidy payment is being calculated" after the words "and all Subsidised Advances".

Insert the following new definitions:

Amended Agreement:                           means the Agreement between the Commonwealth and the Bank signed on 9 November 1988 as amended by the Supplementary Agreement between the parties signed on fifth day of November 1990.
Further Amending Act:                        has the same meaning as in the Supplementary Agreement.
Retirement Village:                          has the same meaning as in the Further Amending Act.
Retirement Village Accommodation:            has the same meaning as in the Further Amending Act.
Right of residence in a retirement village:  has the same meaning as in the Further Amending Act.
Supplementary Agreement:                     means the Agreement signed by the Commonwealth and the Bank on the fifth day of November 1990.
Variation Advance:                           has the same meaning as in the Supplementary Agreement.

Clause 5

5.1.2  Insert "unless the Commonwealth and the Bank otherwise agree" after the words "any such application".

Clause 7

7.3  Insert "or such other security" after the words "first mortgage". Insert "(if any)" after the words "and documentation".

Clause 8

8.3  Insert after Sub‑clause 8.3(b) the word "or".

     Insert a new Sub‑clause 8.3(c) after Sub‑clause 8.3(b):

     "(c) where the Borrower has been granted an advance falling within paragraph (a) of the definition of Variation Advance the Bank shall not be required to take any security."
8.8  Insert the words "or any other security, if any, which the Bank deems appropriate." At the end of the Sub‑clause.

Clause 9

9.4.3  Insert the words "or other mortgage or security documentation, if any," after the words "by the first mortgage".

Clause 10

10.1(b)   Insert the words: "or retirement village accommodation" after the words "or land and dwelling house".
10.1(e)   Insert the words