38Sources of conditions

#### 38 Sources of conditions (1) The conditions that apply to a payment (the funding payment) of Commonwealth funding for a Transport Development and Innovation Project (the funded project) to an eligible funding recipient (the funding recipient) are: (a) the mandatory conditions (see Subdivision B); and (b) either: (i) if the funding payment is provided in accordance with section 37—the conditions (if any) determined under Subdivision C; or (ii) if the funding payment is provided in accordance with a funding agreement—the conditions specified in the funding agreement. (2) A funding agreement may specify a condition by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.