Classification: unfair

The controlling statute is the **Australian Consumer Law** (Schedule 2 of the *Competition and Consumer Act 2010* (Cth)). The section that sets out the test for whether a term is unfair is **section 23**.

## Reasoning

Under section 23 of the Australian Consumer Law, a term of a consumer contract is unfair if:

1. It would cause a significant imbalance in the parties' rights and obligations
2. It is contrary to the requirement of good faith
3. As a result, it would be likely to cause detriment to the consumer

The clause in question satisfies all three elements:

- **Significant imbalance:** The supplier has unilateral, unrestricted power to vary the price at any time and in any amount, without notice, while the consumer has no corresponding right and is denied the standard contractual remedy of termination if the variation is unacceptable. This creates a fundamental asymmetry.

- **Contrary to good faith:** Good faith in consumer contracts requires fair dealing. Allowing unilateral price variation without notice or termination rights, where the consumer had no opportunity to negotiate, breaches fair dealing expectations. The consumer entered the contract at a specified price and should not be locked in to unlimited exposure.

- **Detriment to the consumer:** The consumer faces potential significant financial harm - the price could be increased substantially or repeatedly, and they cannot terminate the contract in response. This is a direct detriment.

The clause is therefore unfair under the Australian Consumer Law.