Parties must not claim to exclude the Act or other laws or the Code
6 Parties must not claim to exclude the Act or other laws or the Code
Section 65(1) of the Act provides that a provision of a contract is void to the extent that it is contrary to the Act or this Code.
Mandatory Requirement
A party to a contract must not make any claim to another party that the other party's rights or entitlements under the Act or any other law or this Code are excluded, unless the Act or other law or this Code permits that exclusion.
Example 6 to Sch. 1 Pt 2 cl. 6(2) amended by S.R. No. 4/2021 reg. 7(b).
Example 6
A freight forwarder has included a clause in its contract stating that the contractor waives the requirement under section 23 of the Act that a hirer cannot deduct money for insurance unless a copy of the relevant policy has been given to the contractor. The contract also provides the contractor is not permitted to notify a dispute to the Small Business Commission. These clauses are invalid and unenforceable.
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