15E

Application of Act in relation to contracts

In force

(1)

Subject to subsection (2), the provisions of sections 8 and 14 to 14B apply to:

(a)

a transaction constituted by or relating to a contract; or

(b)

an electronic communication relating to the formation or performance of a contract;

in the same way as they apply to a transaction or electronic communication referred to in those sections, and so apply as if the words “For the purposes of a law of the Commonwealth” and “under a law of the Commonwealth” were omitted.

(2)

However, this Part (including subsection (1)) does not apply to or in relation to a contract to the extent that:

(a)

Part 2 would of its own force have the same effect as this Part if this Part applied; or

(b)

a law of a State or Territory (that is in substantially the same terms as Part 2) would of its own force have the same effect as this Part if this Part applied.

Note:

This section applies provisions of Part 2 to contracts or proposed contracts to the extent (if any) that those provisions do not apply merely because they are expressed to apply in relation to “a law of the Commonwealth”. This section also disapplies the provisions of Part 2A to the extent that Part 2 would apply of its own force. An example where Part 2 may not apply of its own force is where a contract is being negotiated in a State or Territory from a supplier located overseas.

This Act’s bill:Explanatory memorandum Second reading speech

Research tools for this sectionSubscription

Cited by Analyse Interrogate History Equivalents

The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.