43Guarantee of borrowing

#### 43 Guarantee of borrowing (1) The Finance Minister may, on behalf of the Commonwealth, enter into a contract guaranteeing the performance by an R&D Corporation of obligations incurred by it under section 42. (2) If the Finance Minister determines in writing that obligations incurred by the Corporation under that section are guaranteed by the Commonwealth, the obligations are so guaranteed by force of this subsection. (3) A contract may be entered into under subsection (1), and a determination may be made under subsection (2), in relation to a particular transaction or class of transactions. (4) A contract under subsection (1) may include either or both of the following provisions: (a) a provision agreeing that proceedings under the contract may be taken in courts of a foreign country; (b) a provision waiving the immunity of the Commonwealth from suit in courts of a foreign country.