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Contract variation

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17 October 2017

Changes such as an amendment to a seller’s contact details and revising a delivery schedule constitute a variation to the contract.

A variation of the contract needs to be agreed in writing by both the parties.

Before entering into consultation on contract variation, the Clean Energy Regulator will verify that the person agreeing to an amendment has the authority to do so.

The Clean Energy Regulator will not agree to amend the code of common terms, the financial terms, the agreed quantity (total abatement over the contract) or the contract duration.

All contract variations for a revised delivery schedule have to be negotiated within 20 days of discussions commencing. Any other negotiations under the contract do not have an explicit time limit.

Who can vary a contract?

A variation of the contract needs to be agreed in writing by both the parties.

If the seller is a company the Clean Energy Regulator can accept a notice signed by:

  • two company directors
  • a company director and company secretary
  • for a proprietary company that has a sole director who is also the sole company secretary, that director
  • for an Aboriginal and Torres Strait Islander corporation that has only one director, that director, or
  • a person who has been appointed to exercise powers under the contract be either two company directors or a company director and company secretary.

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