Document ID: chunk:federal_register_of_legislation:C2025C00096:schedule:1:p43
Version: federal_register_of_legislation:C2025C00096
Segment Type: schedule
Provision Reference: sch 1 (pt 43/51)
Character Range: 271695–274466

(a) where an objection or appeal is to be made by the Bank, prior to the Bank lodging such objection or appeal; and
            (b) where legal proceedings are to be commenced by the Bank, prior to the commencement of such legal proceedings.
         19.2.5 Where stamp duty has been paid pursuant to Sub‑clause 19.2.4 and an objection, appeal or legal proceedings establishes that all or part of such stamp duty is not chargeable and the Bank receives a refund of stamp duty paid then the Bank shall forthwith reimburse the Commonwealth the amount of stamp duty not chargeable which has been paid by the Commonwealth, and pay to the Commonwealth any interest or like compensation received by the Bank in connection with that part of the refunded stamp duty paid by the Commonwealth.
         19.2.6 If the Commonwealth does not request the Bank to lodge any objection or appeal within the time period specified in Sub‑clause 19.2.2 or to commence legal proceedings after an unsuccessful objection or appeal before the last day for payment of stamp duty prior to the Bank becoming liable to pay any fine or penalty, the Bank shall pay the stamp duty assessed and, subject to Sub‑clause 19.2.8, the Commonwealth shall reimburse the Bank within fourteen (14) days of a request for payment.
         19.2.7 At the time of informing the Commonwealth of the outcome of any legal proceedings under Sub‑clause 19.2.3(e), the Bank shall, where it is determined that stamp duty is payable, notify the Commonwealth of the remaining amount payable under the indemnity given by the Commonwealth pursuant to Sub‑clause 19.2.3. Upon receipt of such notification, the Commonwealth shall pay the Bank the amount payable under the indemnity and, subject to Sub‑clause 19.2.8, such stamp duty.
         19.2.8 The Commonwealth shall only be obliged to pay or reimburse the Bank in respect of stamp duty to the extent that the sum of such stamp duty and any other stamp duty paid by the Bank on this Agreement and the transfer of Portfolio Assets to the Bank exceeds $500,000.
    19.3 Commonwealth to facilitate the transfer
     The Commonwealth shall inform the Governments of all States and Territories of the proposed vesting of Portfolio Assets in the Bank and shall use its best endeavours to ensure that administrative arrangements are made by those Governments to facilitate the substitution of the Bank as the mortgagee (or registered proprietor or registered lessee under a Crown lease as appropriate) of all Portfolio Assets.
    19.4 Fees or charges necessary to give effect to the transfer of Portfolio Assets shall be borne by the Commonwealth
     Any other fees or charges, including lodgement or registration fees, charged by any State or Territory the payment of which is