Fair Trading Act 1987

Part 5G (as inserted by the Fair Trading Amendment (Unfair Contract Terms) Act 2010) applies to a contract entered into on or after the day on which that Part commences (the commencement day) but before the day on which that Part is repealed by the Fair Trading Amendment (Australian Consumer Law) Act 2010.

Except as provided by subclauses (3)–(5), Part 5G does not apply to a contract entered into before the commencement day.

If a contract is renewed on or after the commencement day but before the day on which Part 5G is repealed by the Fair Trading Amendment (Australian Consumer Law) Act 2010, Part 5G applies to the contract as renewed, on and from the day (the renewal day) on which the renewal takes effect, in relation to conduct that occurs on or after the renewal day.

If a term of the contract is varied on or after the commencement day but before the day on which Part 5G is repealed by the Fair Trading Amendment (Australian Consumer Law) Act 2010 and subclause (3) has not already applied in relation to the contract, Part 5G applies to the term as varied, on and from the day (the variation day) on which the variation takes effect, in relation to conduct that occurs on or after the variation day but before the day on which Part 5G is repealed by the Fair Trading Amendment (Australian Consumer Law) Act 2010.

If subclause (4) applies to a term of a contract, sections 60ZD (2) and 60ZH (as inserted by the Fair Trading Amendment (Unfair Contract Terms) Act 2010) apply to the contract.