59   Variation of customer contracts

(1)  The terms and conditions of a customer contract may, subject to the approval of the Governor, be varied by the Corporation by a notice setting out or summarising the variation and published in a daily newspaper circulating in the area of operations. The notice must be published at least 6 months before the variation becomes effective or within a shorter period approved by the Minister.

(2)  A copy of the notice published under this section is to be given by the Corporation to the person who is taken to have entered into the customer contract under section 55. The copy is to be given with the next account or bill issued after the date of publication of the notice. Failure to comply with the requirements of this subsection does not affect the validity of the variation or any contract charge made in accordance with the variation.

(3)  A statement in a notice published under this section that the Governor has approved of the variation of the terms and conditions set out or summarised in the notice is 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.