Page 4670 - Week 15 - Wednesday, 7 December 1994

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GOVERNMENT CONTRACTUAL DEBTS (INTEREST) BILL 1994

Detail Stage

Debate resumed from 24 August 1994.

Bill, by leave, taken as a whole

MR HUMPHRIES (11.45), by leave: Madam Speaker, I move the following amendments together:

Page 4, line 4, after clause 7, insert the following new clause:

Exclusion of inconsistent contractual terms

"7A. A term in a contract to which this Act applies that -

(a) excludes the application of this Act to the contract; or

(b) provides for the payment of interest on an unpaid account that has been rendered under the contract

is void.".

Page 4, line 13, clause 8, add the following subclauses:

"(2) Where a commercial account is payable out of moneys standing to the credit of a relevant account, the payment of an amount that, under section 7, is payable in relation to the commercial account shall be deemed, for the purposes of section 83 or subsection 85(10) of the Audit Act 1989, as the case requires, to be made for the purposes of the same relevant account.

"(3) In subsection (2) -

'relevant account' means -

(a) the Trust Fund established by section 82 of the Audit Act 1989;

(b) the Trust Account established by subsection 85(1) of that Act; or

(c) a Trust Account established under subsection 85(2) of that Act.".


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