ACL (WA) Part 2-3 (unfair contract terms), application of to contracts made on or after 1 Jan 2011
38 ACL (WA) Part 2-3 (unfair contract terms), application of to contracts made on or after 1 Jan 2011
The Australian Consumer Law (WA) Part 2‑3 applies to a contract entered into on or after the commencement of this section.
That Part does not apply to a contract entered into before that commencement. However —
if the contract is renewed on or after that commencement — that Part 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; or
if a term of the contract is varied on or after that commencement, and paragraph (a) has not already applied in relation to the contract — that Part 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 subsection (2)(b) applies to a term of a contract, sections 23(2) and 27 of the Australian Consumer Law (WA) apply to the contract.
39. ACL (WA) Part 3-2 Div. 2 (unsolicited consumer agreements), application of to contracts made before 1 Jan 2011 etc.
The Australian Consumer Law (WA) Part 3‑2 Division 2 does not apply to any contract made before the commencement of this section.
The Australian Consumer Law (WA) Part 3‑2 Division 2 applies to a contract made on or after the commencement of this section even though negotiations leading to the formation of the contract may have taken place before the commencement of this section.
The Door to Door Trading Act 1987 section 3C relates to the application of that Act to contracts made before the commencement of this section.
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