Document ID: chunk:federal_register_of_legislation:C2024C00682:schedule:1:p45
Version: federal_register_of_legislation:C2024C00682
Segment Type: schedule
Provision Reference: sch 1 (pt 45/50)
Character Range: 181552–184152

loan the Bank shall be bound to act in accordance with the Scheme and in particular the Applicant acknowledges and agrees that:
       (a) (i) where an amount is incorrectly paid to the Bank by the Commonwealth by way of subsidy, the Bank will, in accordance with the Scheme, pay to the Commonwealth an amount equal to the amount incorrectly paid (together with any interest thereon due under the Scheme) and any such payment will be debited to the loan account so that the amount thereof shall be included in the balance of the loan from time to time and shall be secured by the securities;
       (ii) where the Bank pays an amount to the Commonwealth under  sub‑paragraph (i) hereof and such amount (or any part thereof) is reimbursed or refunded to the Bank by the Commonwealth pursuant to the Scheme, the Applicant will be indebted to the Commonwealth for such amount; and
       (iii) if the Applicant is indebted to the Commonwealth under the Scheme for any amount incorrectly paid to the Bank by the Commonwealth by way of subsidy and the Bank realises any securities over the property specified in Item 6 of the Schedule, then the Bank will from the proceeds of such realisation pay to the Commonwealth such amount as the Bank is required to pay under the Scheme in respect of the Applicant's indebtedness;
     (b) the Bank will provide the Commonwealth with copies of any documents or any other information in the possession or under the control of the Bank relating to the loan or application for loan or to the Scheme as may from time to time be requested by the Commonwealth pursuant to the Scheme or which the Bank is otherwise required to provide to the Commonwealth pursuant to the Scheme;
     (c) the Bank shall not be liable or responsible to the Applicant for any loss, damage or cost suffered or incurred by the Applicant (whether directly or indirectly) as a result of, or arising from, the operation of the Scheme except where such loss, damage or cost is attributable to failure by the Bank to act in accordance with the Scheme;
     (d) the Bank will not allow:
          (i) the name of the Applicant appearing on the loan account or on the securities to be changed from that appearing in the entitlement certificate; or
          (ii) a person to be joined to or separated from the loan account or securities,
       unless the Bank agrees to such change and the Applicant obtains approval from the Commonwealth for such change;
     (e) the Bank will not allow a property specified in Item 6 of the Schedule to be held on, or converted to, a tenancy in common.
   16. The