Document ID: chunk:federal_register_of_legislation:C2015A00147:clause:1_12gnd
Version: federal_register_of_legislation:C2015A00147
Segment Type: clause
Provision Reference: sch 1 cl 12GND
Character Range: 5949–6789

12GND  Declarations
 (1) The Court may declare that a term of a consumer contract is an unfair term, on application by:
 (a) a party to the contract; or
 (b) ASIC.
 (2) The Court may declare that a term of a small business contract is an unfair term, on application by:
 (a) a party to the contract, if the party was a business of the kind referred to in paragraph 12BF(4)(a) at the time the contract was entered into; or
 (b) ASIC.
 (3) Subsections (1) and (2) do not apply unless the contract is a standard form contract that is:
 (a) a financial product; or
 (b) a contract for the supply, or possible supply, of services that are financial services.
 (4) Subsections (1) and (2) do not apply if Subdivision BA does not apply to the contract.
 (5) Subsections (1) and (2) do not limit any other power of the Court to make declarations.