30AAgreements concerning provision of loan facility

#### 30A Agreements concerning provision of loan facility 30A Agreements concerning provision of loan facility > > (1) The SPF trustee and each of the liable entities are authorised to enter into one or more agreements with the State (or with both the State and any other persons) for any one or more of the following purposes— > > > > > (a) the provision of funding to the SPF trustee by means of a loan facility, > > > > > (b) the granting by the SPF trustee of interests in, or other entitlements to, assets (or proceeds of asset realisations) as security for a loan facility provided to the SPF trustee, > > > > > (c) the giving of guarantees by any liable entity with respect to obligations of the SPF trustee in connection with a loan facility provided to the SPF trustee, > > > > > (d) the granting by any liable entity of interests in, or other entitlements to, assets (or proceeds of asset realisations) of the entity as security for any such guarantees given by the entity or any other obligation undertaken by the entity. > > > (2) Despite anything to the contrary in the SPF trust deed or any legislation of the State or the general law (and without limiting subsection (1))— > > > > > (a) the entering into, or the carrying out of, an agreement that is authorised by this section does not— > > > > > > > (i) affect the continued existence, or continued validity as a trust fund, of any compensation fund, or > > > > > > > (ii) constitute a breach of trust or other civil wrong (whether for the purposes of any legislation of the State or the general law), and > > > > > (b) all acts, matters and things for or with respect to which provision is made in an agreement that is authorised by this section (including any guarantees or securities given or granted under the agreement) are also authorised, and > > > > > (c) all acts, matters and things that by an agreement that is authorised by this section are agreed, directed, authorised or permitted to be made, done or executed are also authorised. > > > (3) An agreement that is authorised by this section does not cease to be authorised only because it is amended or otherwise varied by the parties to the agreement in accordance with the terms of the agreement as in force from time to time. > > > (4) For the avoidance of doubt, nothing in section 35 or 36 (or in any approved payment scheme under section 35) operates to prevent or limit the making of loan repayments in connection with a loan facility granted under an agreement that is authorised by this section. > > **pt 4, div 4A (s 30A):** Ins 2009 No 116, Sch 1 \[10\].