Commonwealth Consolidated Acts

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YEAR 2000 INFORMATION DISCLOSURE ACT 1999 - SECT 15

Presumption against amendment of contracts

(1)
The making of a Year 2000 disclosure statement is taken not to amend, alter or vary a contract unless:

(a)
both:
(i)
the parties to the contract have expressly agreed to the amendment, alteration or variation; and
(ii)
that agreement satisfies one of the conditions set out in subsection (2); or
(b)
the contract expressly provides for the amendment, alteration or variation by way of the making of a Year 2000 disclosure statement.
(2)
The conditions referred to in subparagraph (1)(a)(ii) are as follows:

(a)
the agreement is made in writing;
(b)
the agreement is embodied in a data storage device and is capable of being reproduced in writing from that device (with or without the aid of any other article or device);
(c)
the agreement is made by way of one or more electronic communications of writing.


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