33Renegotiation or variation of agreement

33 Renegotiation or variation of agreement

(1) A party to a fuel re‑selling agreement may require that the terms of the agreement be renegotiated if the operation of the agreement is substantially affected by a matter, within the control of the other party, that: (a) was not disclosed by the other party; and (b) was not reasonably foreseen by either party. (2) A party may: (a) vary a term of the agreement; or (b) exercise a discretion under the agreement; without the consent of the other party only if the matter that may be varied, or the discretion that may be exercised, is disclosed in the agreement when the agreement is made. (3) Part 4 applies to any dispute that arises between the parties under this clause. (4) If a dispute arising from a re‑negotiation under subclause (1), a variation under or an exercise of a discretion under subclause (2), is: (a) dealt with using the dispute resolution procedure in Part 4; and (b) not resolved after the use of those procedures; the retailer may require the supplier to offer to terminate the fuel re‑selling agreement under Division 4.