One - off dividend
(1) EFIC must pay the Commonwealth a dividend of $200,000,000 before 30 June 2013.
Minister may direct payment of a specified dividend
(2) The Minister may, in writing, direct EFIC to pay the Commonwealth a specified dividend within a specified period.
(3) In giving a direction under subsection (2), the Minister must:
(a) have regard to:
(i) the policies of the Commonwealth Government; and
(ii) the general policy of EFIC in relation to the performance of its functions; and
(iii) such commercial considerations as the Minister considers appropriate; and
(b) be satisfied that the specified dividend is reasonable having regard to:
(i) the likely capital and reserves of EFIC at the time the direction is given; and
(ii) the expected liabilities, losses and claims of and against EFIC at that time.
(4) Before the Minister gives a direction under subsection (2), the Minister must:
(a) consult the Board about the matters referred to in subparagraphs (3)(a)(ii) and (b)(i) and (ii); and
(b) obtain the agreement of the Prime Minister, Treasurer and Finance Minister to the direction.
(5) EFIC must comply with a direction given under subsection (2).