Document ID: chunk:federal_register_of_legislation:C2012C00868:clause:2_89
Version: federal_register_of_legislation:C2012C00868
Segment Type: clause
Provision Reference: sch 2 cl 89
Character Range: 168700–169887

89  Certain provisions of unsolicited consumer agreements void

 (1) A provision (however described) of an unsolicited consumer agreement is void if it has the effect of, or purports to have the effect of:
 (a) excluding, limiting, modifying or restricting a right of the consumer under the agreement to terminate the agreement under this Division; or
 (b) otherwise excluding, limiting, modifying or restricting the effect or operation of this Division; or
 (c) making a dispute relating to the agreement, or to a supply to which the agreement relates, justiciable by a court by which the dispute would not otherwise be justiciable.

 (2) The supplier under an unsolicited consumer agreement must ensure that the agreement does not include, or purport to include, a provision (however described) that is, or would be, void because of subsection (1).

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

 (3) The supplier under an unsolicited consumer agreement must not attempt to enforce or rely on a provision (however described) that is void because of subsection (1).

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