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Borrowing and Investment Powers (Guarantees) Regulations 1997

Legislation · Victoria · 2020
i Borrowing and Investment Powers (Guarantees) Regulations 1997 S.R. No. 58/1997 TABLE OF PROVISIONS Regulation Page 1. Objectives 1 2. Authorising provisions 1 3. Revocation 2 4. Definition 2 5. Certificate of Guarantee—overdrafts 2 6. Certificate of Guarantee—hedging etc. 2 __________________ SCHEDULE 3 FORM 1—Certificate of Guarantee 3 FORM 2—Certificate of Guarantee 4 ═══════════════ NOTES 5 -- 1 of 6 -- 1 STATUTORY RULES 1997 S.R. No. 58/1997 Borrowing and Investment Powers Act 1987 Borrowing and Investment Powers (Guarantees) Regulations 1997 The Governor in Council makes the following Regulations: Dated: 24 June 1997 Responsible Minister: ALAN R. STOCKDALE Treasurer SHARNE BRYAN Clerk of the Executive Council 1. Objectives The objectives of these Regulations are— (a) to prescribe the form of the certificate the Treasurer may execute under section 12(2) of the Act; (b) to prescribe the form of the certificate the Treasurer may execute under section 15(2) of the Act. 2. Authorising provisions These Regulations are made under sections 12(2), 15(2) and 18 of the Borrowing and Investment Powers Act 1987. -- 2 of 6 -- S.R. No. 58/1997 Borrowing and Investment Powers (Guarantees) Regulations 1997 2 3. Revocation The Borrowing and Investment Powers (Guarantees) Regulations 19871 are revoked. 4. Definition In these Regulations— "the Act" means the Borrowing and Investment Powers Act 1987. 5. Certificate of Guarantee—overdrafts A certificate executed by the Treasurer under section 12(2) of the Act must be in Form 1 in the Schedule. 6. Certificate of Guarantee—hedging etc. A certificate executed by the Treasurer under section 15(2) of the Act must be in Form 2 in the Schedule. __________________ r. 3 -- 3 of 6 -- S.R. No. 58/1997 Borrowing and Investment Powers (Guarantees) Regulations 1997 3 SCHEDULE FORM 1 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 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. 58/1997 Borrowing and Investment Powers (Guarantees) Regulations 1997 4 FORM 2 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. 58/1997 Borrowing and Investment Powers (Guarantees) Regulations 1997 5 NOTES 1 S.R. No. 314/1987. Notes -- 6 of 6 --