Competition and Consumer Act 2010
Sch 2 s 89Certain provisions of unsolicited consumer agreements void
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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.