Document ID: chunk:federal_register_of_legislation:C2010A00044:clause:2_5
Version: federal_register_of_legislation:C2010A00044
Segment Type: clause
Provision Reference: sch 2 cl 5
Character Range: 16485–17281

5  Terms that define main subject matter of consumer contracts etc. are unaffected
 (1) Section 2 does not apply to a term of a consumer contract 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 is the consideration that:
 (a) is provided, or is to be provided, for the supply, sale or grant 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.