Document ID: chunk:federal_register_of_legislation:C2024C00682:schedule:1:p28
Version: federal_register_of_legislation:C2024C00682
Segment Type: schedule
Provision Reference: sch 1 (pt 28/50)
Character Range: 139536–142438

agreed in writing before his appointment to make a determination within twenty‑one (21) days of the date referred to in Sub‑clause 5.15.2 (a).
    24.5 Provisions relating to all arbitrations
         The following provisions shall apply to all arbitrations:
      (a) a reference to arbitration under this Clause shall be deemed to be a reference to arbitration within the meaning of the law of the State of Victoria;
      (b) the fees and expenses of the arbitrator shall be borne equally by the Bank and the Commonwealth;
      (c) the parties may be represented or assisted in any arbitration proceedings by persons of their choice; and
      (d) any sum payable pursuant to a determination of an arbitrator shall be paid within seven (7) days of the making of the determination.

    25. CONFIDENTIALITY
    25.1 Acknowledgement by the Bank of confidental material
    The Bank acknowledges that any information or documents supplied to it by the Commonwealth, its employees, servants, officers or agents:
      (a) in respect of applicants for Entitlement Certificates, Entitled Persons, Subsidised Borrowers and Joint Borrowers under the Scheme; or
      (b) relating to the Defence Force which is indicated as being confidential when supplied,
    is to be received by the Bank in confidence and, except where the Bank is required by law to do so, shall not be copied, used, disclosed or otherwise made available to any third person without the prior written consent of the Commonwealth.
    25.2 Duty not to disclose
    The Bank agrees not to copy, use, disclose or otherwise make available other than for the sole purpose of the Bank's administration of the Scheme any information or document relating to persons who are or were Entitled Persons, Subsidised Borrowers or Joint Borrowers in circumstances in which disclosure is not authorised by the normal Banker/Customer relationship or by the Act.

    26. WARRANTIES
    26.1 Warranties by the Commonwealth
    The Commonwealth warrants that it has full power and authority to enter into, execute, deliver and complete the transactions contemplated by this Agreement.
    26.2 Warranties by the Bank
    The Bank warrants, undertakes and represents to the Commonwealth and it is a condition of this Agreement that:
      (a) the execution and delivery of this Agreement has been duly and validly authorised by all necessary corporate action on behalf of the Bank;
      (b) the Bank has full corporate power and lawful authority to execute this Agreement and to consummate and perform or cause to be performed its obligations herein and this Agreement shall constitute a legal, valid and binding obligation of the Bank enforceable in accordance with its terms by appropriate legal remedy and does not conflict with, or constitute, or result in, a breach of or default of any provision of the Bank's Memorandum and Articles of Association