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

#### 38 Terms and conditions of customer contracts may be varied on 6 months’ notice 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 the Gazette or on the NSW legislation website, an order setting out or summarising the variation. > > > (1A) Notice of the making of an order under this section must be published, at least 6 months before the variation becomes effective or within a shorter period approved by the Minister, in a manner that the Corporation is satisfied is likely to bring the notice to the attention of members of the public in the area of operations. > > > (2) A copy of an order 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 order. 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 an order published under this section that the Governor has approved of the variation of the terms and conditions set out or summarised in the order 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. > > **s 38:** Am 2003 No 40, Sch 1.20 \[4\]–\[6\]; 2018 No 25, Sch 2.15 \[1\]–\[6\].