Document ID: chunk:federal_register_of_legislation:C2004A03717:body:0:p59
Version: federal_register_of_legislation:C2004A03717
Segment Type: other
Provision Reference: 
Character Range: 148021–150850

of dwelling house without Commonwealth consent; and

SCHEDULE 1—continued
      (h) a failure to use the Subsidised Advance for the purpose set out in Part A of the Certificate of Entitlement.
    10.2 Variation of Bank's Obligations under Sub-clause 10.1
    The parties agree that the circumstances referred to in Sub-clause 10.1 may be added to or varied from time to time by agreement.
    10.3 Action taken by Bank to enforce security
    Except where the Bank's security is in jeopardy the Bank shall not take any action to:
      (a) foreclose;
      (b) take possession;
      (c) exercise a power of sale;
      (d) cancel a contract of sale;
      (e) appoint a Receiver; or
      (f) institute legal proceedings,
    under any Portfolio Mortgage, Portfolio Contract of Sale or other security securing the Portfolio Asset or Subsidised Advance without giving the Commonwealth fourteen (14) days notice prior to the Bank taking any such action. In those cases where the Bank's security is in jeopardy and the Bank has taken any such action then the Bank agrees to give notice to the Commonwealth of the taking of such action within five (5) days.
    10.4 Form of Notification
    All notifications referred to in this Clause shall be made to the Commonwealth in writing.
    10.5 Schedule "D" Information
    The Bank agrees to provide the information referred to in Schedule "D" on a monthly basis, or at such other time as may be agreed upon by the parties. Information supplied monthly is to be submitted to the Commonwealth with the Bank's Subsidy invoice referred to in Subclause 11.4 and to be accompanied by a certification by an appropriate officer of the Bank that the information provided is in accordance with the Bank's records and is true and correct.
    10.6 Provision of report by Bank's External Auditor
    The Bank agrees to provide to the Commonwealth within two (2) months of the end of each Financial Year in which Subsidy is paid under this Agreement a report by the Bank's external auditors advising as to the extent to which, in their opinion, the Bank's systems for maintaining data concerning Subsidised Advances can be relied upon to provide accurate information for the purpose of the calculation of Subsidy payable to the Bank under the Agreement.

SCHEDULE 1—continued
    10.7 Discussion of audit procedures between External Auditors
    If at any time the Commonwealth considers this to be desirable, the Bank will arrange with its external auditors for the Commonwealth to discuss with the external auditors the audit procedures applied.
    10.8 Bank to provide External Auditor's Report with Subsidy Invoice
    The Bank further agrees to provide a report by its external auditors in the terms of Sub-clause 10.6 prior to or concurrently with its first Subsidy invoice.
    10.9 Bank