Document ID: chunk:federal_register_of_legislation:C2022A00054:clause:2_1
Version: federal_register_of_legislation:C2022A00054
Segment Type: clause
Provision Reference: sch 2 cl 1
Character Range: 34879–36025

1  After subsection 23(2) of Schedule 2
Insert:
 (2A) A person contravenes this subsection if:
 (a) the person makes a contract; and
 (b) the contract is a consumer contract or small business contract; and
 (c) the contract is a standard form contract; and
 (d) a term of the contract is unfair; and
 (e) the person proposed the unfair term.
Note: A pecuniary penalty may be imposed for a contravention of this subsection: see section 224.
 (2B) A person who contravenes subsection (2A) commits a separate contravention of that subsection in respect of each term that is unfair and that the person proposed.
 (2C) A person contravenes this subsection if:
 (a) the person applies or relies on, or purports to apply or rely on, a term of a contract; and
 (b) the contract is a consumer contract or small business contract; and
 (c) the contract is a standard form contract; and
 (d) the term is unfair.
Note: A pecuniary penalty may be imposed for a contravention of this subsection: see section 224.

Division 2—Amendment of the Australian Securities and Investments Commission Act 2001

Australian Securities and Investments Commission Act 2001