Clause 9 of Agreement
9 — EXCESS CREDITS
9.1 Provision of Excess Credit Arrangement
Where the Borrower pays to the Bank an amount of Excess Credits then the Bank shall apply the Excess Credits to the Subsidised Advance Loan Account.
9.2 Withdrawals
If at any time the Borrower has Excess Credits the Borrower may at that time withdraw some or all of the Excess Credits from the Subsidised Advance Loan Account (such withdrawal to be made by the means made available by the Bank from time to time, which may not include cheque access).
9.3 Transaction fees on pre 5 January 1998 loans
The Bank may charge a Borrower a transaction fee for withdrawals from or debits to a Subsidised Advance Loan Account established before 5 January 1998 in excess of four (4) for each quarter of each Calendar Year, except that the fee shall be subject to a fifty (50) percent discount as against the equivalent transaction fee charged to its Housing Loan Customers.
9.4 Transaction fees on loans established on or after 5 January 1998
The Bank may charge a Borrower a transaction fee for a withdrawal from or debit to a Subsidised Advance Loan Account established on or after 5 January 1998, except that the fee shall be subject to a fifty (50) percent discount as against the equivalent transaction fee charged to its Housing Loan Customers.
9.5 Other fees
The Bank agrees not to charge any fees to Borrowers in respect of withdrawals or debits made from a Subsidised Advance Loan Account as described in Sub-clause 9.2 which are directly attributable to the Portfolio Asset and/or Subsidised Advance repayment instalments other than transaction fees under Sub-clause 9.3 or 9.4 (as applicable) and taxes or duties imposed by any government on receipts or payments to or from an account or fees referable to those taxes or duties.
9.6 Widow Advances
The Commonwealth acknowledges that:
(a) at some time prior to the Third Supplementary Agreement it requested the Bank not to apply;
and
(b) the Bank has not applied any extra repayments on a Widow Advance or an Advance for Essential Repairs under an Excess Credit arrangement. However, from 17 May 1996 the Bank has, with the agreement of the Commonwealth, applied extra repayments on Widow Advances under an Excess Credit arrangement.
9.7 Advance for Essential Repairs
If a Borrower makes any extra repayments on an Advance for Essential Repairs, the repayment shall be applied in reduction of the balance of the Subsidised Advance Loan Account without penalty to the Borrower.