Borrowings otherwise than from Commonwealth
37 Borrowings otherwise than from Commonwealth
DHA may, with the written approval of the Finance Minister:
borrow money otherwise than from the Commonwealth; or
raise money otherwise than by borrowing;
on terms and conditions that are specified in, or consistent with, the approval.
Without limiting the generality of subsection (1), DHA may, under that subsection, borrow money, or raise money otherwise than by borrowing, by dealing with securities.
A borrowing of money, or a raising of money otherwise than by borrowing, under subsection (1) may be made, in whole or in part, in a currency other than Australian currency.
An approval may be given under subsection (1) in relation to a particular transaction or transactions in a class of transactions.
For the purposes of this section:
the issue by DHA of an instrument acknowledging a debt in consideration of:
the payment or deposit of money; or
the provision of credit;
otherwise than in relation to a transaction that is in the ordinary course of the day to day operations of DHA, shall be deemed to be raising by DHA, otherwise than by borrowing, of an amount of money equal to the amount of the money paid or deposited or the value of the credit provided, as the case may be; and
the obtaining of credit by DHA otherwise than in relation to a transaction that is in the ordinary course of the day to day operations of DHA shall be deemed to be a raising by DHA, otherwise than by borrowing, of an amount of money equal to the value of the credit so obtained.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.