Document ID: chunk:federal_register_of_legislation:C2025C00182:section:326a
Version: federal_register_of_legislation:C2025C00182
Segment Type: section
Provision Reference: s 326A
Character Range: 726743–728382

326A  Application—unfair contract terms
 (1) The amendments of this Act made by Schedule 1 to the Financial Sector Reform (Hayne Royal Commission Response—Protecting Consumers (2019 Measures)) Act 2020 apply in relation to a contract entered into on or after the commencement of that Schedule.
 (2) The amendments do not apply to a contract entered into before the commencement of that Schedule. However:
 (a) if the contract is renewed on or after that commencement—the amendments apply 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
 (b) 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—the amendments apply 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 and after the variation day.
 (3) If paragraph (2)(b) of this section applies to a term of a contract, subsection 12BF(2) and section 12BK of this Act apply to the contract.
 (4) Despite paragraphs (2)(a) and (b) and subsection (3) of this section, the amendments do not apply to a contract, or a term of a contract, to the extent that the operation of the amendments would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph of the Constitution).

Part 30—Application provisions relating to the Treasury Laws Amendment (2019 Measures No. 3) Act 2020