Document ID: chunk:federal_register_of_legislation:C2024C00826:clause:1_191
Version: federal_register_of_legislation:C2024C00826
Segment Type: clause
Provision Reference: sch 1 cl 191
Character Range: 1051193–1051878

191  Contracting out
 (1) A provision of a contract or other instrument by which a person seeks to avoid or modify the effect of this Code is void.
 (2) A provision of a contract or other instrument by which a person seeks to have the debtor, mortgagor or guarantor indemnify the credit provider for any loss or liability arising under this Code is void.
 (3) A credit provider that is a party to any such contract or other instrument commits an offence.
Criminal penalty: 100 penalty units.
 (4) Subsection (3) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (5) Subsection (2) does not affect the operation of subsection 60(2).