Document ID: chunk:federal_register_of_legislation:C2005C00499:clause:1_12cc:p3
Version: federal_register_of_legislation:C2005C00499
Segment Type: clause
Provision Reference: sch 1 cl 12CC (pt 3/5)
Character Range: 18862–21648

the acquirer was willing to negotiate the terms and conditions of any contract for the acquisition of the financial services with the business supplier; and
 (k) the extent to which the acquirer and the business supplier acted in good faith.

 (4) A person is not taken for the purposes of this section to engage in unconscionable conduct in connection with:
 (a) the supply or possible supply of financial services to another person; or
 (b) the acquisition or possible acquisition of financial services from another person;
merely because the person institutes legal proceedings in relation to that supply, possible supply, acquisition or possible acquisition or refers a dispute or claim in relation to that supply, possible supply, acquisition or possible acquisition to arbitration.

 (5) For the purpose of determining whether a person has contravened subsection (1) in connection with the supply, possible supply, acquisition, or possible acquisition of financial products:
 (a) the Court must not have regard to any circumstances that were not reasonably foreseeable at the time of the alleged contravention; and
 (b) the Court may have regard to circumstances existing before the commencement of this section but not to conduct engaged in before that commencement.

 (6) Subject to subsection (8), a reference in this section to the supply or possible supply of financial services is a reference to the supply or possible supply of financial services to a person whose acquisition or possible acquisition of the financial services is or would be for the purpose of trade or commerce.

 (7) Subject to subsection (9), a reference in this section to the acquisition or possible acquisition of financial services is a reference to the acquisition or possible acquisition of financial services by a person whose acquisition or possible acquisition of the financial services is or would be for the purpose of trade or commerce.

 (8) A reference in this section to the supply or possible supply of financial services does not include a reference to the supply or possible supply of financial services at a price in excess of $3,000,000, or such higher amount as is prescribed.

 (9) A reference in this section to the acquisition or possible acquisition of financial services does not include a reference to the acquisition or possible acquisition of financial services at a price in excess of $3,000,000, or such higher amount as is prescribed.

 (10) For the purposes of subsections (8) and (9):
 (a) subject to paragraphs (b), (c), (d) and (e), the price for:
 (i) the supply or possible supply of financial services to a person; or
 (ii) the acquisition or possible acquisition of financial services by a person;
  is taken to be the amount paid or payable by the person for the