Borrowing and Investment Powers (Guarantees) Regulations 2007

i Borrowing and Investment Powers (Guarantees) Regulations 2007 S.R. No. 29/2007 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Revocation 1 4 Certificate of Guarantee—overdrafts 2 5 Certificate of Guarantee—hedging etc. 2 __________________ SCHEDULE 3 Form 1—Certificate of guarantee 3 Form 2—Certificate of guarantee 4 ═══════════════ ENDNOTES 5 -- 1 of 6 -- 1 STATUTORY RULES 2007 S.R. No. 29/2007 Borrowing and Investment Powers Act 1987 Borrowing and Investment Powers (Guarantees) Regulations 2007 The Governor in Council makes the following Regulations: Dated: 1 May 2007 Responsible Minister: JOHN BRUMBY Treasurer RUTH LEACH Clerk of the Executive Council 1 Objective The objective of these Regulations is to prescribe— (a) the form of the certificate the Treasurer may execute under section 12(2) of the Borrowing and Investment Powers Act 1987; (b) the form of the certificate the Treasurer may execute under section 15(2) of that Act. 2 Authorising provision These Regulations are made under section 18 of the Borrowing and Investment Powers Act 1987. 3 Revocation The Borrowing and Investment Powers (Guarantees) Regulations 19971 are revoked. -- 2 of 6 -- S.R. No. 29/2007 Borrowing and Investment Powers (Guarantees) Regulations 2007 2 4 Certificate of Guarantee—overdrafts For the purposes of section 12(2) of the Borrowing and Investment Powers Act 1987 a certificate executed by the Treasurer must be in Form 1 of the Schedule. 5 Certificate of Guarantee—hedging etc. For the purposes of section 15(2) of the Borrowing and Investment Powers Act 1987 a certificate executed by the Treasurer must be in Form 2 of the Schedule. __________________ r. 4 -- 3 of 6 -- S.R. No. 29/2007 Borrowing and Investment Powers (Guarantees) Regulations 2007 3 SCHEDULE FORM 1 Regulation 4 CERTIFICATE OF GUARANTEE Issued under section 12 of the Borrowing and Investment Powers Act 1987 The due satisfaction of— (a) the amounts payable by [name of authority] to [name of person providing financial benefit or the assistance] as a result of or in connection with the provision of the financial benefit or the assistance to obtain the financial benefit provided by [name of person providing financial benefit or the assistance] to [name of authority] on the terms and conditions set out in the Schedule below; and (b) without limiting the generality of the foregoing, the payment of expenses of enforcing or obtaining, or endeavouring to enforce or obtain, satisfaction of the amounts referred to in paragraph (a)— is guaranteed by the Government of Victoria. Dated: Treasurer of the State of Victoria. SCHEDULE [Set out terms and conditions of financial benefit or the assistance to provide a financial benefit] [If necessary contract(s) may be annexed] __________________ Form 1 -- 4 of 6 -- S.R. No. 29/2007 Borrowing and Investment Powers (Guarantees) Regulations 2007 4 FORM 2 Regulation 5 CERTIFICATE OF GUARANTEE Issued under section 15 of the Borrowing and Investment Powers Act 1987 The due satisfaction of— (a) all amounts which become payable by [name of authority] to [name of other party to the financial arrangement] as a result of or in connection with the financial arrangement entered into by [name of authority] and [name of other party to the financial arrangement], the terms and conditions of which are set out in the Schedule below; and (b) without limiting the generality of the foregoing, the payment of expenses of enforcing, or obtaining or endeavouring to enforce or obtain, satisfaction of the amounts referred to in paragraph (a)— is guaranteed by the Government of Victoria. Dated: Treasurer of the State of Victoria. SCHEDULE [Set out terms and conditions of financial arrangement] [If necessary contract evidencing financial arrangement may be annexed] ═══════════════ Form 2 -- 5 of 6 -- S.R. No. 29/2007 Borrowing and Investment Powers (Guarantees) Regulations 2007 5 ENDNOTES 1 Reg. 3: S.R. No. 58/1997. Endnotes -- 6 of 6 --