Document ID: chunk:federal_register_of_legislation:C2012C00868:clause:2_22:p3
Version: federal_register_of_legislation:C2012C00868
Segment Type: clause
Provision Reference: sch 2 cl 22 (pt 3/4)
Character Range: 79233–82001

between the acquirer and other like small business suppliers; and
 (g) the requirements of any applicable industry code; and
 (h) the requirements of any other industry code, if the small business supplier acted on the reasonable belief that the acquirer would comply with that code; and
 (i) the extent to which the acquirer unreasonably failed to disclose to the small business supplier:
 (i) any intended conduct of the acquirer that might affect the interests of the small business supplier; and
 (ii) any risks to the small business supplier arising from the acquirer's intended conduct (being risks that the acquirer should have foreseen would not be apparent to the small business supplier); and
 (j) if there is a contract between the acquirer and the small business supplier for the acquisition of the goods or services:
 (i) the extent to which the acquirer was willing to negotiate the terms and conditions of the contract with the small business supplier; and
 (ii) the terms and conditions of the contract; and
 (iii) the conduct of the acquirer and the small business supplier in complying with the terms and conditions of the contract; and
 (iv) any conduct that the acquirer or the small business supplier engaged in, in connection with their commercial relationship, after they entered into the contract; and
 (k) without limiting paragraph (j), whether the acquirer has a contractual right to vary unilaterally a term or condition of a contract between the acquirer and the small business supplier for the acquisition of the goods or services; and
 (l) the extent to which the acquirer and the small business supplier acted in good faith.

 (4) A person is not to be taken for the purposes of this section to engage in unconscionable conduct in connection with:
 (a) the supply or possible supply of goods or services to another person; or
 (b) the acquisition or possible acquisition of goods or services from another person;
by reason only that the first‑mentioned person institutes legal proceedings in relation to that supply, possible supply, acquisition or possible acquisition or refers to arbitration a dispute or claim in relation to that supply, possible supply, acquisition or possible acquisition.

 (5) For the purpose of determining whether a person has contravened subsection (1):
 (a) the court must not have regard to any circumstances that were not reasonably foreseeable at the time of the alleged contravention; and
 (b) the court may have regard to circumstances existing before the commencement of this section but not to conduct engaged in before that commencement.

 (6) A reference in this section to the supply or possible supply of goods or services is a reference to the supply or possible supply of goods or services to a