Unfair contract terms
17 Unfair contract terms
Part 2-3 of the ACL applies to a contract entered into on or after the commencement of the ACL.
Except as provided by subclauses (3)–(5), Part 2-3 of the ACL does not apply to a contract entered into before the commencement of the ACL.
If a contract is renewed on or after the commencement of the ACL, Part 2-3 of the ACL 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 of the ACL and subclause (3) has not already applied in relation to the contract, Part 2-3 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.
If subclause (4) applies to a term of a contract, sections 23 (2) and 27 of the ACL apply to the contract.
This Act’s bill:Explanatory memorandum
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