Document ID: chunk:federal_register_of_legislation:C2010A00044:clause:2_2
Version: federal_register_of_legislation:C2010A00044
Segment Type: clause
Provision Reference: sch 2 cl 2
Character Range: 19153–20630

2  Application and transitional provisions
(1) Part 2 of Schedule 2 to the Trade Practices Act 1974 applies to a contract entered into on or after the commencement of this Schedule.
(2) That Part does not apply to a contract entered into before the commencement of this Schedule. However:
 (a) 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
 (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—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.
(2A) If paragraph (2)(b) applies to a term of a contract, subsection 2(2) and section 7 of Schedule 2 to the Trade Practices Act 1974 applies to the contract.
(3) Despite paragraphs (2)(a) and (b) and subitem (2A), that Part does not apply to a contract, or a term of a contract, to the extent that the operation of that Part 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 2—Application of the Australian Consumer Law

Trade Practices Act 1974