Victorian Consolidated Legislation

Year 2000 Information Disclosure Act 1999 - SECT 12

PART 4 PRESUMPTION AGAINST AMENDMENT OF CONTRACTS

Presumption against amendment of contracts

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
        in writing.

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