Document ID: chunk:federal_register_of_legislation:C2004C01246:clause:2_12eb
Version: federal_register_of_legislation:C2004C01246
Segment Type: clause
Provision Reference: sch 2 cl 12EB
Character Range: 80518–81310

12EB  Application of provisions not to be excluded or modified

 (1) A term of a contract (including a term that is not set out in the contract but is incorporated in the contract by another term of the contract) is void if it purports to exclude, restrict or modify or has the effect of excluding, restricting or modifying:
 (a) the application of all or any of the provisions of this Subdivision (sections 12EA to 12ED); or
 (b) the exercise of a right conferred by such a provision; or
 (c) any liability of the corporation for breach of a condition or warranty implied by such a provision.

 (2) A term of a contract is not taken to exclude, restrict or modify the application of a provision of this Subdivision unless the term does so expressly or is inconsistent with that provision.