Document ID: chunk:federal_register_of_legislation:C2012C00868:clause:7_8
Version: federal_register_of_legislation:C2012C00868
Segment Type: clause
Provision Reference: sch 7 cl 8
Character Range: 604241–605576

8  Unfair contract terms

(1) Part 2‑3 of the Australian Consumer Law applies to a contract entered into on or after the commencement of this item.

(2) That Part does not apply to a contract entered into before that commencement. However:
 (a) if the contract is renewed on or after that commencement—that Part applies to the contract as renewed, on and from the day (the renewal day) on which the renewal takes effect, in relation to conduct that occurs on or after the renewal day; or
 (b) if a term of the contract is varied on or after that commencement, and paragraph (a) has not already applied in relation to the contract—that Part applies to the term as varied, on and from the day (the variation day) on which the variation takes effect, in relation to conduct that occurs on or after the variation day.

(3) If paragraph (2)(b) applies to a term of a contract, subsection 23(2) and section 27 of the Australian Consumer Law apply to the contract.

(4) Despite paragraphs (2)(a) and (b) and subitem (3), that Part does not apply to a contract, or a term of a contract, to the extent that the operation of that Part would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph of the Constitution).