(1) Subject to subsection ( 3), the Treasurer may, on the Commonwealth's behalf:
(a) before the 100% sale day; and
(b) in order to facilitate, either directly or indirectly, the sale of shares in Qantas;
enter into a written agreement under which the Commonwealth guarantees the performance by Qantas, or a Qantas subsidiary, of an obligation of Qantas or the subsidiary if the obligation is:
(c) an obligation in connection with a borrowing undertaken by Qantas or the subsidiary; or
(d) an obligation in connection with a leasing contract entered into by Qantas or the subsidiary.
(2) If the Treasurer determines in writing, at any time before the 100% sale day, that the Commonwealth guarantees the performance by Qantas or a Qantas subsidiary of a specified obligation of a kind referred to in subsection ( 1), the performance by Qantas or the subsidiary of that obligation is, by force of this subsection, guaranteed by the Commonwealth.
(3) The Treasurer must not, by an agreement under subsection ( 1), provide a guarantee that would have effect after the 100% sale day.
(4) A guarantee under subsection ( 2) does not have effect after the 100% sale day.
(5) A guarantee under subsection ( 2) is subject to such terms and conditions (if any) as are specified in the determination.