Document ID: chunk:federal_register_of_legislation:C2012C00868:clause:2_22:p1
Version: federal_register_of_legislation:C2012C00868
Segment Type: clause
Provision Reference: sch 2 cl 22 (pt 1/4)
Character Range: 74190–76952

22  Unconscionable conduct in business transactions

 (1) A person must not, in trade or commerce, in connection with:
 (a) the supply or possible supply of goods or services to another person (other than a listed public company); or
 (b) the acquisition or possible acquisition of goods or services from another person (other than a listed public company);
engage in conduct that is, in all the circumstances, unconscionable.

Note: A pecuniary penalty may be imposed for a contravention of this subsection.

 (2) Without in any way limiting the matters to which the court may have regard for the purpose of determining whether a person (the supplier) has contravened subsection (1) in connection with the supply or possible supply of goods or services to another person (the business consumer), the court may have regard to:
 (a) the relative strengths of the bargaining positions of the supplier and the business consumer; and
 (b) whether, as a result of conduct engaged in by the supplier, the business consumer was required to comply with conditions that were not reasonably necessary for the protection of the legitimate interests of the supplier; and
 (c) whether the business consumer was able to understand any documents relating to the supply or possible supply of the goods or services; and
 (d) whether any undue influence or pressure was exerted on, or any unfair tactics were used against, the business consumer or a person acting on behalf of the business consumer by the supplier or a person acting on behalf of the supplier in relation to the supply or possible supply of the goods or services; and
 (e) the amount for which, and the circumstances under which, the business consumer could have acquired identical or equivalent goods or services from a person other than the supplier; and
 (f) the extent to which the supplier's conduct towards the business consumer was consistent with the supplier's conduct in similar transactions between the supplier and other like business consumers; and
 (g) the requirements of any applicable industry code; and
 (h) the requirements of any other industry code, if the business consumer acted on the reasonable belief that the supplier would comply with that code; and
 (i) the extent to which the supplier unreasonably failed to disclose to the business consumer:
 (i) any intended conduct of the supplier that might affect the interests of the business consumer; and
 (ii) any risks to the business consumer arising from the supplier's intended conduct (being risks that the supplier should have foreseen would not be apparent to the business consumer); and
 (j) if there is a contract between the supplier and the business consumer for the supply of the goods or services:
 (i) the extent to which the