Document ID: chunk:federal_register_of_legislation:C2024C00682:schedule:1:p1
Version: federal_register_of_legislation:C2024C00682
Segment Type: schedule
Provision Reference: sch 1 (pt 1/50)
Character Range: 69793–73124

Schedule 1—Agreement between the Commonwealth and the Bank

Section 3

TABLE OF CONTENTS
Recital
Clause
1. DEFINITIONS AND INTERPRETATION
 1.1 Definitions
 1.2 Interpretation
2. AGREEMENT
 2.1 Parties to be bound by this Agreement
 2.2 Bank to act in accordance with Scheme
3. FRANCHISE
4. FRANCHISE PAYMENTS
 4.1 Payments
 4.2 Provision of invoices
 4.3 Times for payment
 4.4 Checking of invoices by the Bank
 4.5 Manner of payment
 4.6 Resolution of dispute as to sums payable under Sub‑clause 4.1(b)
        4.7 Provision for possible refund of part or all of the $42 million referred to in Sub‑clause 4.1(a)
5. SUBSIDISED LOANS
 5.1 Preliminary enquiries
 5.2 Entitlement Certificates
 5.3 Application for Subsidised Loan
 5.4 Obligation of the Bank to make a Subsidised Loan
 5.5 Increases in the amount of a Subsidised Loan
 5.6 Application of Lending Criteria
 5.7 Lending Criteria
 5.8 Alteration of Lending Criteria
 5.9 Factors to be excluded by the Bank
        5.10 Provision of reasons for rejection
        5.11 Non‑discrimination
        5.12 Security
        5.13 Loan agreement
        5.14 Entitled Person to include "spouse" in certain cases
        5.15 Calculation of Benchmark Rate
        5.16 Changes to Title or Subsidised Loan Account during term of a Subsidised Loan
       6. FEES
        6.1 Definitions of "fees"
        6.2 Fees to be same as for other Housing Loan Customers
       7. SUBSIDY
        7.1 Obligation of the Commonwealth to pay Subsidy
        7.2 Obligation of Bank on receipt of Subsidy
        7.3 Payment of Subsidy
       8. OVER‑PAYMENT OF SUBSIDY
        8.1 Where immediate repayment required
        8.2 Where over‑payments are to be added to Subsidised Loan Account
        8.3 Bank not required to add over‑payment where Subsidised Loan Account closed
        8.4 Commonwealth to refund amounts to Bank in certain circumstances
        8.5 Cases of fraud, mistake or concealment
        8.6 Commonwealth to notify Bank of due amount from time to time
        8.7 Meaning of "due amount"
        8.8 Meaning of "Subsidised Borrower"
       9. FURTHER HOUSING LOANS
        9.1 Ability to apply for Further Housing Loans
        9.2 Bank not to discriminate
       10. PROMOTION AND OPERATION OF THE SCHEME
        10.1 Obligations of the Bank
        10.2 Obligations of the Commonwealth
       11. INFORMATION
        11.1 Notices by the Bank
        11.2 Notices by the Commonwealth
        11.3 Provision of information generally
        11.4 Assistance in preparing Annual Reports and evaluations
        11.5 Disclosure
        11.6 No Charge to the Commonwealth by the Bank
    12. ACKNOWLEDGEMENT OF COMMONWEALTH ADMINISTRATIVE ARRANGEMENTS
        12.1 Commonwealth to act through Departments and statutory authorities
        12.2 Meaning of "Commonwealth" in the Agreement
       13. DEALINGS WITH SOUTH AFRICA
       14. STAMP DUTY
       15. LEGAL AND ACCOUNTING COSTS
       16. APPLICABLE LAW
       17. NOTICES
       18. WAIVER
       19. ENTIRE AGREEMENT
       20. AMENDMENTS OR VARIATION
       21. ASSIGNMENT
       22. DISPOSAL BY BANK
       23. FURTHER ASSURANCES
       24. ARBITRATION
        24.1 Notice of dispute, question or difference
        24.2 Submitting a dispute to arbitration
        24.3 Arbitration relating to franchise payments