An Act relating to the provision of certain equipment for Qantas Airways Limited
[Assented to 8 May 1980]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Qantas Airways Limited (Loan Guarantee) Act 1980.
2 Commencement
This Act shall come into operation on the day on which it receives the Royal Assent.
3 Provision of credit deemed to be a borrowing
For the purposes of this Act, the provision of credit shall be deemed to be a borrowing to the extent of the amount of that credit.
4 Guarantee of certain loans
(1) Where:
(a) Qantas Airways Limited has entered into an agreement to borrow moneys; and
(b) the Treasurer is satisfied that the moneys are for use in connection with the purchase by Qantas Airways Limited of 4 Boeing 747 aircraft and related spare parts and equipment;
the Treasurer may, on behalf of the Commonwealth, and subject to the conditions required by this Act, guarantee:
(c) the repayment of moneys borrowed under the agreement; and
(d) the payment of interest on moneys so borrowed.
(2) A guarantee or guarantees shall not be given under subsection (1) in respect of moneys borrowed in the currency of the United States of America, or in any other currency, exceeding in the aggregate $230,000,000 in the currency of the United States of America.
(3) For the purposes of subsection (2), the amount of a borrowing in a currency other than the currency of the United States of America shall be taken to be the amount in the currency of the United States of America that was equivalent to the first-mentioned amount at the date of the borrowing, as ascertained by the Reserve Bank of Australia.
5 Conditions of guarantees
For the purpose of the protection of the financial interests of the Commonwealth, the Treasurer shall not give a guarantee under section 4 unless:
(a) the moneys are borrowed on terms and conditions that the Treasurer is satisfied are reasonable;
(b) proper security to the satisfaction of the Treasurer is, or is to be, given to the Commonwealth over the aircraft, spare parts and equipment to which the borrowing relates;
(c) undertakings to the satisfaction of the Treasurer are given that the aircraft, spare parts and equipment over which security is to be taken in accordance with paragraph (b):
(i) will be insured, and kept insured, against all risks that it is customary to insure, and to their full insurable value; and
(ii) will not be sold or made the subject of a mortgage or charge having priority over the security to the Commonwealth in respect of the guarantee; and
(d) such other conditions as the Treasurer thinks necessary are fulfilled.
6 Delegation
(1) The Treasurer may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to an officer of the Department of the Treasury any of his powers or functions under this Act, other than this power of delegation.
(2) A power or function so delegated, when exercised or performed by the delegate, shall, for the purposes of this Act, be deemed to have been exercised or performed by the Treasurer.
(3) A delegate is, in the exercise or performance of a power or function so delegated, subject to the directions of the Treasurer.
(4) A delegation under this section does not prevent the exercise of a power or the performance of a function by the Treasurer.