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AUSTRALIAN HEARING SERVICES ACT 1991 - SECT 56

Guarantee of borrowings by Authority

  (1)   The Finance Minister may, on behalf of the Commonwealth, enter into a contract guaranteeing:

  (a)   the performance by the Authority of obligations incurred by it under section   55; or

  (b)   the performance by a company that is a wholly owned subsidiary of the Authority of obligations arising out of a borrowing by the company.

  (2)   If the Finance Minister determines in writing that:

  (a)   obligations incurred by the Authority under section   55; or

  (b)   obligations arising out of a borrowing by a company that is a wholly owned subsidiary of the Authority;

are guaranteed by the Commonwealth, the obligations become so guaranteed.

  (3)   A contract under subsection   (1) may include:

  (a)   a provision agreeing that proceedings under the contract may be taken in courts of a foreign country; or

  (b)   a provision waiving the immunity of the Commonwealth from suit in courts of a foreign country.

  (4)   For the purposes of this section, a company is a wholly owned subsidiary of the Authority if the company is a subsidiary of the Authority and none of the members of the company is a person other than:

  (a)   the Authority; or

  (b)   a nominee of the Authority; or

  (c)   a subsidiary of the Authority none of whose members is a person other than the Authority or a nominee of the Authority; or

  (d)   a nominee of a subsidiary referred to in paragraph   (c).



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