41Existing contracts

### 41 Existing contracts > > (1)  For the purposes of deciding whether a person has contravened Part IV of the Code at any time after the operative date – > > > > > > (a) existing contracts made before the cut-off date, and things done to give effect to those contracts, are to be disregarded; and > > > > > > > (b) if an existing contract made before the cut-off date is varied on or after the cut-off date, things done to give effect to the varied contract are not to be disregarded under [paragraph (a)](#GS41@Gs1@Hpa@EN) unless they would have been disregarded under the contract as in force immediately before the cut-off date; and > > > > > > > (c) regard can be had to existing contracts made on or after the cut-off date and to things done to give effect to those contracts. > > > (2)  Part IV of the Code does not make unenforceable a provision of an existing contract made before the cut-off date unless it was unenforceable immediately before the operative date. > > > (3)  Part IV of the Code can make unenforceable a provision of an existing contract made on or after the cut-off date.