Document ID: chunk:federal_register_of_legislation:C2024C00682:schedule:1:p24
Version: federal_register_of_legislation:C2024C00682
Segment Type: schedule
Provision Reference: sch 1 (pt 24/50)
Character Range: 129457–132265

attain a controlling interest in the Bank; and
      (c) the Commonwealth will be notified in writing if, during the Franchise Term, there is any actual or proposed change to the Bank which will lead or is likely to lead to a South African person having a beneficial interest in 50 per cent or more of the issued shares of the Bank or, alternatively, a South African person having a controlling interest in the Bank.
    For the purposes of this Clause a South African person is defined as a "natural person who is a citizen of or resides in South Africa or alternatively is a company or body corporate or any body not being a body corporate which is incorporated or formed in South Africa".

    14. STAMP DUTY
    Any Stamp Duty payable on or arising out of this Agreement or its implementation shall be borne by the Bank. This provision shall not be construed as obliging the Bank to pay Stamp Duty on any loan instrument, mortgage or other security document relating to a Subsidised Loan.

    15. LEGAL AND ACCOUNTING COSTS

    The parties hereto shall bear their own legal and accounting costs of and incidental to the preparation, execution and implementation of this Agreement.

    16. APPLICABLE LAW
    This Agreement shall be governed by and be construed in accordance with the law for the time being in force in the State of Victoria and the parties hereby agree to submit to the jurisdiction of the courts of the State of Victoria.
    17. NOTICES
    Unless the contrary intention appears in this Agreement, any notice, request or other communication to be given or served pursuant to this Agreement shall be in writing and shall be delivered by hand or sent by pre‑paid post or data facsimile transmission to:
      (a) In respect of the Commonwealth,
      Secretary
      Department of Defence
      Russell Offices
      CANBERRA ACT 2600
      For Attention: First Assistant Secretary
               Human Resources Division
      Facsimile: (06) 266 8624
      (b) In respect of the Bank,
      Chief Manager
      Consumer Market Development
      National Australia Bank
      100 Victoria Parade
      East Melbourne 3002
      Facsimile: (03) 6658974
    Such notice, request or other communication shall be deemed to have been given or served:
      (a) if delivered by hand, upon delivery;
      (b) if in the form of a letter sent by pre‑paid post, upon the expiration of two (2) working days after the date on which it was so sent;
      (c) if by data facsimile transmission, upon the sender's facsimile machine recording that the facsimile has been properly transmitted to the recipients's address,
    provided that if such delivery or receipt is later than 4.30 p.m. on a day on which business is generally carried on in the place to which such communication is delivered or