Document ID: chunk:federal_register_of_legislation:C2024C00682:schedule:1:p20
Version: federal_register_of_legislation:C2024C00682
Segment Type: schedule
Provision Reference: sch 1 (pt 20/50)
Character Range: 119404–122036

paid by the Bank to the Commonwealth pursuant to Sub‑clause 8.2 (d) as is necessary to recompense the Bank for the shortfall suffered on realisation of the Mortgage; provided always that in assessing the extent of the shortfall to be recompensed to the Bank no account shall be taken of moneys owing to the Bank over and above those referred to in 8.2 (d) (ii).
    8.5 Cases of fraud, mistake or concealment
    Where there has been any fraud, mistake or concealment by the Bank or its servants or agents and this results in an over‑payment of Subsidy, the Bank shall pay immediately the due amount to the Commonwealth. In cases of fraud or concealment, and provided the Subsidised Borrower has not been a party thereto, the Bank shall make no claim against the Subsidised Borrower in respect of the due amount
    8.6 Commonwealth to notify Bank of due amount from time to time
    Where:
        (a) pursuant to the Act, a due amount is payable to the Commonwealth by a person who is or was a Subsidised Borrower;
        (b) such person has been allowed to pay the due amount to the Commonwealth by instalments; and
        (c) the Bank is, or may be, required to pay pursuant to the Act the balance of the due amount after deduction of instalments, to the Commonwealth,
    the Commonwealth shall upon request notify the Bank in writing of the balance of the due amount from time to time.
    8.7 Meaning of "due amount"
    In this Clause "due amount" has the same meaning as in the Act.
    8.8 Meaning of Subsidised Borrower
    In this Clause a reference to a "Subsidised Borrower" shall, where appropriate, include a reference to both a Subsidised Borrower and a Joint Borrower.

    9. FURTHER HOUSING LOANS
    9.1 Ability to apply for Further Housing Loan
    Nothing in this Agreement shall operate in any way to restrict the ability of a person to apply to the Bank for such Further Housing Loan as the person may require.
    9.2 Bank not to discriminate
    Where a person applies to the Bank for a Subsidised Loan and at the same or a subsequent time also applies for a Further Housing Loan, the Bank agrees that it will treat such applications in its ordinary and usual course of business and will treat the person no differently than it would its other Housing Loan customers. The Bank further agrees that both the Subsidised Loan and the Further Housing Loan shall be secured under the same first Mortgage.

    10 PROMOTION AND OPERATION OF THE SCHEME
    10.1 Obligations of the Bank
    The Bank hereby agrees that it will:
      (a) provide a high level of banking service in respect of Subsidised Loans and