(1) If the amount in the Fund is less than the minimum amount, SEGC may, whether or not it also makes a determination under subsection 938(2), determine in writing:
(2) A levy payable under this section by a securities exchange must be paid within the period and in the manner determined in writing by SEGC for the purposes of the levy. (3) If a levy is payable under this section, SEGC must give to each participating exchange a notice setting out the name of the participating exchange that must pay the levy and the amount of the levy. (4) For the purpose of paying the whole or a part of a levy under this section, a participating exchange may borrow money on such terms as the board of the participating exchange thinks fit. (5) Whenever an amount of levy (the levy amount ) is paid under this section, or under subsection 6(2) of the Corporations (National Guarantee Fund Levies) Act 2001 , to SEGC as agent for the Commonwealth:
(6) A payment of an amount to SEGC as required by paragraph (5)(c) in respect of a particular levy amount is subject to a condition that, if the Commonwealth becomes liable to refund the whole or a part of the levy amount, SEGC must pay to the Commonwealth an amount equal to the amount that the Commonwealth is liable to refund. SEGC may pay, out of the Fund, any amount so required to be paid to the Commonwealth. (7) The Financial Management and Accountability Act 1997 does not apply in relation to the payment of an amount of levy under this section to SEGC as agent for the Commonwealth. However, the operation of that Act in relation to the following payments is not affected.
(8) An amount payable by SEGC as required by paragraph (5)(a) may be set off against an amount payable to SEGC as required by paragraph (5)(c).