Trade Practices Amendment (Australian Consumer Law) Act (No. 1) 2010 (44 of 2010)

Schedule 1   The Australian Consumer Law

Part 1   Unfair contract terms

Trade Practices Act 1974

2   Application and transitional provisions

(1) Part 2 of Schedule 2 to the Trade Practices Act 1974 applies to a contract entered into on or after the commencement of this Schedule.

(2) That Part does not apply to a contract entered into before the commencement of this Schedule. 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.

(2A) If paragraph (2)(b) applies to a term of a contract, subsection 2(2) and section 7 of Schedule 2 to the Trade Practices Act 1974 applies to the contract.

(3) Despite paragraphs (2)(a) and (b) and subitem (2A), 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).