QLDIn ForceAct
Fair Trading Act 1989
sec.123Unfair contract terms
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### sec.123 Unfair contract terms
The Australian Consumer Law (Queensland), chapter 2, part 2-3—
applies to a contract entered into on or after the commencement; and
does not apply to a contract entered into before the commencement.
Despite subsection (1)(b), if a contract entered into before the commencement is renewed on or after the commencement, the Australian Consumer Law (Queensland), chapter 2, part 2-3 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 happens on or after the renewal day.
Also, if a term of a contract entered into before the commencement is varied on or after the commencement, and subsection (2) has not already applied in relation to the contract, the Australian Consumer Law (Queensland), chapter 2, part 2-3 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 happens on or after the variation day.
If subsection (3) applies to a term of a contract, the Australian Consumer Law (Queensland), sections 23(2) and 27 apply to the contract.
s 123 ins 2010 No. 54 s 57
(sec.123-ssec.1) The Australian Consumer Law (Queensland), chapter 2, part 2-3— applies to a contract entered into on or after the commencement; and does not apply to a contract entered into before the commencement.
(sec.123-ssec.2) Despite subsection (1)(b), if a contract entered into before the commencement is renewed on or after the commencement, the Australian Consumer Law (Queensland), chapter 2, part 2-3 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 happens on or after the renewal day.
(sec.123-ssec.3) Also, if a term of a contract entered into before the commencement is varied on or after the commencement, and subsection (2) has not already applied in relation to the contract, the Australian Consumer Law (Queensland), chapter 2, part 2-3 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 happens on or after the variation day.
(sec.123-ssec.4) If subsection (3) applies to a term of a contract, the Australian Consumer Law (Queensland), sections 23(2) and 27 apply to the contract.
- (a) applies to a contract entered into on or after the commencement; and
- (b) does not apply to a contract entered into before the commencement.