3.5.2  Approval for Government Guarantees for PPPs under the PAFA Act

For certain joint financing arrangements, it may be appropriate to issue a Crown guarantee of the financial performance obligations of the Responsible Agency pursuant to sections 22F and either 22AA or 22B of the PAFA Act. NSW Treasury should be consulted regarding the appropriateness of providing such guarantees, including whether a section 22AA or 22B Guarantee should be issued.

If a 22B Guarantee is considered appropriate, the NSW Treasury template PPP Guarantee Deed Poll document must be used, to ensure initial and any subsequent transaction costs are minimised. The list of "Guaranteed Documents" is to be limited to those core project documents which form the basis of the joint financing arrangement and which contain the key financial obligations of the Responsible Agency.