Commonwealth Numbered Acts

AUSTRALIAN NATIONAL RAILWAYS COMMISSION ACT 1983 No. 140 of 1983 - SECT 63

63. (1) The Treasurer may, on behalf of the Commonwealth, enter into a
contract -

   (a)  guaranteeing the repayment by the Commission of moneys borrowed by
        virtue of paragraph 62 (1) (a) and the payment by the Commission of
        interest on moneys so borrowed; or

   (b)  guaranteeing the payment by the Commission of such moneys (including
        any interest) that the Commission is liable to pay with respect to
        moneys raised by virtue of paragraph 62 (1) (b) as are specified in
        the contract.

(2) The Treasurer may, by instrument in writing, determine -

   (a)  that the repayment by the Commission of moneys borrowed by virtue of
        paragraph 62 (1) (a), and the payment by the Commission of interest on
        moneys so borrowed, are guaranteed by the Commonwealth; or

   (b)  that the payment by the Commission of such moneys (including interest)
        that the Commission is liable to pay with respect to moneys raised by
        virtue of paragraph 62 (1) (b) as are specified in the determination
        is guaranteed by the Commonwealth, and, where the Treasurer so
        determines, the repayment of those moneys and the payment of that
        interest are, or the payment of those moneys is, by the force of this
        sub-section, guaranteed by the Commonwealth.

(3) A contract may be entered into by virtue of sub-section (1), and a
determination may be made by virtue of sub-section (2), in relation to a
particular transaction or in relation to transactions included in a class of
transactions.

(4) A contract entered into by virtue of sub-section (1) may include -

   (a)  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 country other than Australia; or

   (b)  a provision waiving, on behalf of the Commonwealth, 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.