New South Wales Consolidated Acts

HUNTER WATER ACT 1991 - SECT 38

38 Terms and conditions of customer contracts may be varied on 6 months’ notice

(1) The terms and conditions of a customer contract may, subject to the approval of the Governor, be varied by the Corporation publishing, in a daily newspaper circulating in the area of operations, a notice setting out or summarising the variation at least 6 months, or a shorter period to which the Minister agrees, before the variation becomes effective.

(2) A copy of the notice published under this section is to be given to the customer by the Corporation with the next account for service charges issued after the date of publication of the notice. Failure to comply with this requirement does not affect the validity of the variation or any contract charge made in accordance with the variation.

(3) A statement in a notice published under this section that the Governor has approved of the variation of the terms and conditions set out or summarised in the notice is prima facie evidence that the Governor has approved of the variation of the terms and conditions unless the contrary is proved.

(4) Subsections (1)-(3) do not apply to the variation of the terms and conditions of a customer contract to the extent that the variation relates to alteration of the level of fees or charges and the alteration is in accordance with a determination of the Independent Pricing and Regulatory Tribunal.

(5) Following variation of a customer contract, copies of the contract and explanatory material concerning the contract are to be made available to the public in such manner as the operating licence may provide.