10References to participants

10  References to participants

 (1) Participant means an individual who is party to an arrangement.

 (2) Where a provision of this instrument applies in respect of an arrangement with joint participants:

 (a) in relation to a provision referring to a participant giving notice of a matter—Housing Australia is to allow one of the participants to give notice of the matter on behalf of both participants; and

 (b) in relation to a provision referring to a participant taking an action that, in law, both participants would need to take jointly—a reference to a participant is a reference to both participants acting jointly; and

 (c) in other cases—a reference to a participant is a reference to each participant in the arrangement.

Example: Clause 1.14 of Schedule 1, read with section 28, requires Housing Australia to ensure that a participant must give notice to Housing Australia before a contract for the construction of a new home is varied. Where the relevant arrangement is with 2 participants jointly, one of the participants may give notice of the matter on behalf of both.

 The effect of section 44 is that a participant must be allowed to sell the relevant property. Where the arrangement is with 2 participants who jointly own the property, that property could only be sold by the participants acting jointly.