Document ID: chunk:federal_register_of_legislation:C2010A00044:clause:3_12bi
Version: federal_register_of_legislation:C2010A00044
Segment Type: clause
Provision Reference: sch 3 cl 12BI
Character Range: 77496–78644

12BI  Terms that define main subject matter of consumer contracts etc. are unaffected
 (1) Section 12BF does not apply to a term of a consumer contract referred to in subsection (1) of that section to the extent that, but only to the extent that, the term:
 (a) defines the main subject matter of the contract; or
 (b) sets the upfront price payable under the contract; or
 (c) is a term required, or expressly permitted, by a law of the Commonwealth or a State or Territory.
 (2) The upfront price payable under a consumer contract referred to in subsection 12BF(1) is the consideration that:
 (a) is provided, or is to be provided, for the supply under the contract; and
 (b) is disclosed at or before the time the contract is entered into;
but does not include any other consideration that is contingent on the occurrence or non‑occurrence of a particular event.
 (3) To avoid doubt, if a consumer contract referred to in subsection 12BF(1) is a contract under which credit is provided or is to be provided, the consideration referred to in subsection (2) of this section includes the total amount of principal that is owed under the contract.