Application of Act in relation to contracts
21 Application of Act in relation to contracts
Subject to subsection (2), the provisions of sections 8 and 13 to 15 apply to —
a transaction constituted by or relating to a contract; or
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 this jurisdiction” were omitted.
However, this Part (including subsection (1)) does not apply to or in relation to a contract to the extent that —
Part 2 would of its own force have the same effect as this Part if this Part applied; or
a law of another 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 for this section:
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 this jurisdiction. This section also disapplies the provisions of Part 3 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 memorandumSecond reading speech
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