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AUSTRALIAN HORTICULTURAL CORPORATION ACT 1987 No. 164 of 1987 - SECT 54
Guarantee of borrowings and raisings
54. (1) The Treasurer may, on behalf of the Commonwealth, enter into a
contract:
(a) guaranteeing the repayment by the Corporation of money borrowed under
paragraph 52 (1) (a) and the payment by the Corporation of interest
(including any interest on that interest) on money so borrowed; or
(b) guaranteeing the payment by the Corporation of such amounts (which may
be interest) that the Corporation is liable to pay with respect to
money raised under paragraph 52 (1) (b) as are specified in the
contract.
(2) The Treasurer may, in writing, determine:
(a) that the repayment by the Corporation of money borrowed under
paragraph 52 (1) (a), and the payment by the Corporation of interest
(including any interest on that interest) on money so borrowed, are
guaranteed by the Commonwealth; or
(b) that the payment by the Corporation of such money (which may be
interest) that the Corporation is liable to pay with respect to money
raised under paragraph 52 (1) (b) as is specified in the determination
is guaranteed by the Commonwealth; and, where the Treasurer 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 contract may be entered into under subsection (1), and a determination
may be made under subsection (2), in relation to a particular transaction or a
class of transactions.
(4) A contract entered into under subsection (1) may include either or both of
the following provisions:
(a) a provision agreeing that proceedings under the contract may be taken
in the courts, or a specified court, of a country other than
Australia;
(b) a provision waiving the immunity of the Commonwealth from suit in the
courts, or a specified court, of a country other than Australia in
relation to any proceedings that may be taken under the contract.
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