Classification: unfair

(b) The controlling statute is the Australian Consumer Law, which is Schedule 2 to the Competition and Consumer Act 2010 (Cth). The test for whether a term is unfair is set out in section 24 of the Australian Consumer Law.

Working: Under s 24(1), a term is unfair if it (i) would cause a significant imbalance in the parties' rights and obligations, (ii) is not reasonably necessary to protect the supplier's legitimate interests, and (iii) would cause detriment (financial or otherwise) if relied on. This clause permits a unilateral variation of the price in any amount, without notice, while denying the consumer any right to terminate - it squarely matches the examples of unfair terms in s 25(1)(d) (unilateral variation) and the price-variation-without-termination-right example, creates a significant imbalance, exceeds any legitimate interest, and would plainly cause detriment. Since November 2023 such terms are also prohibited and attract penalties (ss 23, 23(2A)).