Document ID: chunk:federal_register_of_legislation:C2004A03717:body:0:p34
Version: federal_register_of_legislation:C2004A03717
Segment Type: other
Provision Reference: 
Character Range: 83026–86459

PROVISION
            12.1 Persistent Failure by Bank to provide Subsidised Advances
            12.2 Failure by Bank to comply with any other term of the Agreement
            12.3 Commonwealth Remedies
            12.4 Employees actions resulting in Subsidy overpayment
            12.5 Recovery of Subsidy
            12.6 Default in payment of Consideration
            12.7 Breach of this Agreement—Interest payable
            12.8 Exercise of Remedies
            12.9 Termination
            12.10 Appointment of Receiver/Receiver and Manager/Liquidation/Official Management of the Bank
     13. GRANT OF FRANCHISE
            13.1 Exclusive Right
            13.2 Notification of Bank's Exclusive Right
     14. PROVISION FOR REFUND OF PART OF ONE HUNDRED MILLION DOLLARS REFERRED TO IN SUB-CLAUSE 3.1.1 (a)
     15. WARRANTIES
            15.1 Bank
            15.2 Commonwealth
     16. INDEMNITIES
            16.1 Obligations of Bank
            16.2 Obligations of Commonwealth
            16.3 Obligation of Commonwealth
     17. DEALINGS WITH SOUTH AFRICA AND NAMIBIA
     18. NON-MERGING ON SETTLEMENT AND SEVERABILITY
     19. STAMP DUTY ADMINISTRATIVE ARRANGEMENTS AND STATE/ TERRITORY GOVERNMENT FEES
            19.1 Stamp Duty
            19.2 Assessment
            19.3 Commonwealth to facilitate Transfer
            19.4 Fees or charges necessary to give effect to the transfer of Portfolio Assets shall be borne by the Commonwealth
     20. LEGAL AND ACCOUNTING COSTS
     21. APPLICABLE LAW
     22. NOTICES
     23. WAIVER
     24. ENTIRE AGREEMENT
     25. AMENDMENTS OR VARIATION
     26. ARBITRATION
            26.1 Notice of dispute, question or difference
            26.2 Submitting a dispute to Arbitration

SCHEDULE 1—continued
Clause
       27. ASSIGNMENT
       28. DISPOSAL BY BANK
       29. CONFIDENTIALITY
            29.1 Bank's acknowledgement of material
            29.2 Commonwealth's acknowledgement of material
       30. PERFORMANCE OF OBLIGATIONS BY CORPORATION
   SCHEDULES
       1. Schedule A—Documentation to be provided by Commonwealth in respect of Subclause 5.1 applications
       2. Schedule B—Documentation to be provided by Commonwealth in respect of Subclause 5.2 applications
       3. Schedule C—Lending Criteria
       4. Schedule D—Information to be provided by Bank on a monthly basis
       5. Schedule E—Withdrawal of Amounts under Excess Credit Arrangements.

SCHEDULE 1—continued

An AGREEMENT made the 9 day of November 1988

BETWEEN

the COMMONWEALTH OF AUSTRALIA
(hereinafter referred to as "the Commonwealth") of the one part and

WESTPAC BANKING CORPORATION
of 60 Martin Place, Sydney in the State of New South Wales
(hereinafter referred to as "the Bank") of the other part

SCHEDULE 1—continued
WHEREAS:
  A. The Commonwealth by the Defence Service Homes Act 1918 (the Act) has established a body corporate known as the Defence Service Homes Corporation (the Corporation).
  B. Pursuant to the Act the Corporation currently provides assistance to members of the Australian Defence Force and certain other persons, to acquire homes.
  Such assistance is provided in the form of, but not limited to, advances secured by mortgages in favour of the Corporation, contracts for the sale of land on terms, as well as assistance in the form of benefits such as those now set out in Sections 18a, 29, 29aa, 29ab, 31, 33 and 35 of the Act.
  C. In the course of