16Payment of an amount instead of State duties or other imposts

16 Payment of an amount instead of State duties or other imposts

16 Payment of an amount instead of State duties or other imposts

(1) Despite any other provision of this Regulation, Part 2 does not have effect unless any requirement made under this clause has been complied with or the Treasurer determines that no requirement is to be made. The Treasurer may issue a certificate to that effect under subclause (4) or (5).

(2) The Treasurer may require Westpac to pay to the Treasurer instead of all duties, taxes, charges, rates or other imposts for which Westpac or the Bank of Melbourne would be liable under the law of this State as a result of, or in connection with, the merger of the Bank of Melbourne with Westpac an amount that is, in the opinion of the Treasurer, proper in the circumstances.

(3) The amount payable to the Treasurer is to be determined by the Treasurer in accordance with such principles as the Treasurer thinks appropriate.

(4) The Treasurer must, when satisfied that a requirement under this clause has been complied with, give Westpac a certificate stating that the requirement has been complied with.

(5) If the Treasurer determines that no requirement will be made under this clause, the Treasurer must give Westpac a certificate stating that no requirement is to be made.

(6) If a certificate is given under subclause (4) or (5), Westpac is not liable for any duties, taxes, charges, rates or other imposts of a kind referred to in subclause (2), despite the provisions of any Act relating to the payment of duties, taxes, charges, rates or other imposts.

(7) A copy of a certificate under this clause, certified as such by the chief executive officer of Westpac, or a person authorised to do so by the chief executive officer, is for all purposes and in all courts, tribunals and proceedings, conclusive evidence of the matters certified.

(8) This clause does not apply to any duties, taxes, charges, rates or other imposts:

(a) payable to the Australian Securities Commission under the Corporations Law, Corporations Regulations, ASC Law or ASC Regulations, or

(b) payable to the Registrar-General in respect of any act, dealing or other transaction relating to land.