Document ID: chunk:federal_register_of_legislation:C2024C00682:schedule:1:p2
Version: federal_register_of_legislation:C2024C00682
Segment Type: schedule
Provision Reference: sch 1 (pt 2/50)
Character Range: 72773–76033

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
        24.4 Arbitration relating to Benchmark Rate
        24.5 Provisions relating to all arbitrations
       25. CONFIDENTIALITY
        25.1 Acknowledgement by the Bank of confidential material
        25.2 Duty not to disclose
       26. WARRANTIES
        26.1 Warranties by the Commonwealth
        26.2 Warranties by the Bank
       27. INDEMNITIES
        27.1 Obligations of the Bank
        27.2 Obligations of the Commonwealth
       28. RELATIONSHIP OF THE PARTIES
       29. DEFAULT PROVISIONS
        29.1 Persistent failure by the Bank to provide Subsidised Loans
        29.2 Persistent failure by the Bank to comply with any other term of the Agreement
        29.3 Meaning of "rectify the failure"
        29.4 Immediate termination
        29.5 Effects of termination
        29.6 Interest payable on moneys over‑due
       30. AUDIT
        30.1 Report by external auditors of the Bank
        30.2 Qualified reports
        30.3 Discussion of audit procedures with external auditors
        30.4 No charge to the Commonwealth by the Bank
       31. ENABLING LEGISLATION
        31.1 Enabling legislation being passed by Parliament
        31.2 Amendments to draft Bill
        31.3 Effect of amendments
        31.4 No notice by Bank
        31.5 Draft Bill to be submitted to Parliament
        31.6 Procedure where notice given by the Bank
        31.7 Effect of termination
        31.8 Agreement approved by enabling legislation
        31.9 Commencement Date after 31 December 1991
         31.10 Passage of enabling legislation after 31 December 1990
       SCHEDULES
1. Schedule A Table of Franchise Payments
2. Schedule B Particulars to be included in certain forms used under
   the Act
3. Schedule C Part D—certificate by Bank manager
4. Schedule D Loan agreement

AN AGREEMENT made the 5th day of November 1990 BETWEEN THE COMMONWEALTH OF AUSTRALIA ("the Commonwealth") of the one part, and NATIONAL AUSTRALIA BANK LIMITED of 500 Bourke Street, Melbourne in the State of Victoria of the other part,
WHEREAS:
    A. The Commonwealth wishes to introduce, with effect from 15 May 1991, a Scheme to assist certain Members and former Members of the Defence Force and their spouses to meet repayments on Housing Loans provided to them by the lender under the Scheme.
    B. The Bank provides Housing Loans in its ordinary course of business and has offered to be the lender under the Scheme.
    C. Assistance will be provided in the form of Subsidy payments by the Commonwealth paid to the Bank for the benefit of  persons entitled to Subsidy and their spouses where appropriate.
    D. Entitlement to Subsidy will be determined by the Commonwealth in accordance with the Act.

NOW THEREFORE IT IS AGREED AS FOLLOWS:

1. DEFINITIONS AND INTERPRETATIONS
In this Agreement except where the context otherwise requires:

1.1 Definitions
Act:                                 means the