19.2.2 Exclusions

Change in Law does not include:

(a) Changes in the way the Law is interpreted (except as provided in section 19.2.1(c));

(b) changes to the following legislation:

(i) Income Tax Assessment Act 1936 (Cth) and A New Tax System (Goods and Services Tax) Act 1999 (Cth); and

(ii) Income Tax Assessment Act 1997 (Cth);68

(c) Changes in Law which, as at the date of the project agreement:

(i) were published or of which public notice had been given (even as a possible change); or

(ii) a party experienced and competent in the carrying out of works similar to the contracted works and delivery of services similar to the contracted services would have reasonably foreseen or anticipated.69

(d) Changes in Law effected in response to an illegal act or omission by the private party (other than an act or omission which becomes illegal by virtue of the change).

(e) Change in Law resulting from a breach of any planning approval or Project Contracts by the private party or a private party initiated Modifications.

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68 In Victoria, "Change in Law" excludes any change in relation to Part IVAA - Proportionate Liability of the Wrongs Act 1958 (Vic) or its application.

69 In some jurisdictions this exception will only apply if the Change in Law is in substantially the same form as the change envisaged before the date of the project agreement.