Document ID: chunk:federal_register_of_legislation:C2012C00868:clause:2_276
Version: federal_register_of_legislation:C2012C00868
Segment Type: clause
Provision Reference: sch 2 cl 276
Character Range: 391094–392054

276  This Part not to be excluded etc. by contract

 (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 to the extent that the term 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 Part; or
 (b) the exercise of a right a conferred by such a provision; or
 (c) any liability of a person in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3‑2 to a supply of goods or services.

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

 (3) This section does not apply to a term of a contract that is a term referred to in section 276A(4).