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AUSTRALIAN BROADCASTING CORPORATION ACT 1983 - SECT 70C

Guarantee of borrowings by Corporation

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

  (a)   guarantees the repayment of money borrowed under paragraph   70B(1)(a) and the payment of interest on that money; or

  (b)   guarantees the payment of an amount that the Corporation is liable to pay in relation to money raised under paragraph   70B(1)(b).

  (2)   The Finance Minister may determine:

  (a)   that the Commonwealth guarantees the repayment of money borrowed under paragraph   70B(1)(a) and the payment of interest on that money; or

  (b)   guarantees the payment of an amount that the Corporation is liable to pay in relation to money raised under paragraph   70B(1)(b);

and, where the Finance Minister makes such a determination, the repayment of that money and the payment of that interest are, or the payment of that money is, by force of this subsection, guaranteed by the Commonwealth.

  (3)   A determination under subsection   (2) shall be in writing.

  (4)   The amounts referred to in paragraphs   (1)(b) and (2)(b) may be amounts of interest.

  (5)   A contract may be entered into under subsection   (1), and a determination may be made under subsection   (2), either:

  (a)   in relation to a particular transaction; or

  (b)   in relation to all transactions in a particular class of transactions.

  (6)   A contract entered into under subsection   (1) may include a provision agreeing, on behalf of the Commonwealth, that proceedings under the contract may be taken in the courts, or a specified court, of a foreign country.

  (7)   A contract entered into under subsection   (1) may include a provision waiving the immunity of the Commonwealth from suit in the courts, or a specified court, of a foreign country in relation to any proceedings under the contract.



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