Document ID: chunk:federal_register_of_legislation:C2004A04077:schedule:2:p9
Version: federal_register_of_legislation:C2004A04077
Segment Type: schedule
Provision Reference: sch 2 (pt 9/16)
Character Range: 115212–118645

of this Supplementary Agreement or any amendments pursuant thereto by the other party shall not be contrued as a waiver by such party of such provision or in any way affect the validity of this Supplementary Agreement or any part thereof, or the rights of the other party thereafter to enforce each and every such provision. The waiver by either party of any provision of this Supplementary Agreement shall not constitute a waiver of any future obligation to comply with such provision.

11. AMENDMENTS OR VARIATION

    No variation, modification or waiver of any provision of this Supplementary Agreement nor consent to any departure by any party therefrom shall in any event be of any force or effect unless the same shall be confirmed in writing, signed by all the parties hereto, and then such variation, modification, waiver or consent shall be effective only to the extent for which it may be made or given.

SCHEDULE 1—continued

12. ASSIGNMENT

     This Supplementary Agreement may not be assigned in whole or in part by either party without the prior written consent of the other party.

IN WITNESS WHEREOF the parties have executed this Agreement as at the day and year first before written:

Signed for and on behalf of the COMMONWEALTH OF AUSTRALIA by The Honourable Benjamin Charles Humphreys, Minister for Veterans' Affairs                                         BEN HUMPHREYS

in the presence of:                                                                                                                                                            R. J. BERNAU

R J Bernau
SIGNED for and on behalf of WESTPAC BANKING CORPORATION by LANCE HAROLD JOHN BAUER and GRAHAME RALSTON HERRON its duly constituted Attorneys who are personally known to me    WESTPAC BANKING CORPORATION by its Attorneys who hereby respectively state that at the time of their executing this instrument they have no notice of the revocation of the Power of Attorney registered in the Office of the Registrar General Numbered 643 Book 3585 under the authority of which they have executed this instrument

K. S. ANDERSON                                                                                                                                                                 L. H. J. BAUER CHIEF MANAGER CONSUMER BANKING

                                                                                                                                                                               G. R. HERRON ACTING CHIEF MANAGER LEGAL ADMINISTRATION

SCHEDULE OF AMENDMENTS TO AGREEMENT

Clause 1

Amend the following definitions:
Establishment Fees:               Insert the words "or applications for retirement village accommodation" after the words "secured by first mortgage".

SCHEDULE 1—continued

Housing Loan Customer:                 Insert the words "or retirement village accommodation" after the words "or refinance of a dwelling".
Portfolio Arrears:                     Insert the words "on the last day of the month immediately preceding the month in which a Subsidy payment is being calculated" after the words "and all Subsidised Advances".
Insert the following new definitions:
Amended Agreement:                     means the Agreement between the Commonwealth and the Bank signed on 9 November 1988 as amended by the Supplementary Agreement between the parties signed on fifth day of November 1990.
Further