New South Wales Consolidated Acts

YEAR 2000 INFORMATION DISCLOSURE ACT 1999 - SECT 12

12 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 subsection (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.

(3) No action under this section can affect the operation of a condition or warranty that is taken to form part of a contract by virtue of the provisions of another Act.