Title Year 2000 Information Disclosure Bill 1999
Database Bills & Legislation
Long Title a Bill for an Act to encourage the voluntary disclosure and exchange of information about year 2000 computer problems and remediation efforts, and for other purposes
Date 09-02-1999
Source House of Reps
Parl No. 39
Bill Number 99006
Bill Type Government
Portfolio Communications, Information Technology and the Arts portfolio
Reps Bill Code O
Status Act
System Id legislation/bills/r725_act/0005

Year 2000 Information Disclosure Bill 1999

Part 4—Presumption against amendment of contracts

  

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.
16  Provisions to attract Commonwealth legislative power

             (1)  The rule in section 15 does not apply to a contract unless:

                     (a)  a party to the contract is:

                              (i)  a constitutional corporation; or

                             (ii)  the Commonwealth; or

                            (iii)  an authority of the Commonwealth; or

                     (b)  the contract was made in the course of, or in relation to, trade or commerce:

                              (i)  between Australia and places outside Australia; or

                             (ii)  among the States; or

                            (iii)  within a Territory, between a State and a Territory or between 2 Territories; or

                            (iv)  by way of the supply of goods or services to the Commonwealth or an authority of the Commonwealth; or

                     (c)  the contract was made in a Territory; or

                     (d)  the contract was:

                              (i)  made by post or other like service; or

                             (ii)  made by way of one or more electronic communications of writing.

             (2)  In this section:

State includes a prescribed self‑governing Territory.

Territory does not include a prescribed self‑governing Territory.