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Frustrated Contracts Act 1978
6Act does not apply to certain contracts
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#### 6 Act does not apply to certain contracts
6 Act does not apply to certain contracts
> > (1) This Act:
> >
> > > (a) does not apply to a contract made before the commencement of this Act,
> >
> > > (b) does not apply to a charter-party, except a time charter-party and except a charter-party by way of demise,
> >
> > > (c) does not apply to a contract (other than a charter-party) for the carriage of goods by sea,
> >
> > > (d) does not apply to a contract of insurance, and
> >
> > > (e) does not apply to any other contract in so far as the parties thereto have agreed that this Act does not apply to the contract.
>
> > (2) This Act does not apply to a contract embodied in or constituted by the memorandum or articles of association or rules or other instrument or agreement constituting, or regulating the affairs of, any of the following bodies:
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> > > (a) a company within the meaning of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth,
> >
> > > (b) a registrable body within the meaning of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth,
> >
> > > (b1) a co-operative registered under the Co-operatives National Law (NSW),
> >
> > > (c) a society registered under the [Friendly Societies Act 1989](/view/pdf/asmade/act-1989-232), the Financial Institutions (NSW) Code or the [Co-operative Housing and Starr-Bowkett Societies Act 1998](/view/html/inforce/current/act-1998-011),
> >
> > > (d) an association registered under the [Associations Incorporation Act 2009](/view/html/inforce/current/act-2009-007),
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> > > (e) an industrial organisation within the meaning of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017) that is a State organisation incorporated under that Act,
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> > > (f) a partnership within the meaning of the [Partnership Act 1892](/view/html/inforce/current/act-1892-012), or
> >
> > > (g) any association which, on a proper case arising, is liable to be wound up or dissolved by order of the Supreme Court of New South Wales,
> >
> > in any case in which the circumstances alleged to give rise to frustration of the contract furnish a case for the winding up or dissolution of the body.
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> > (3) Where a contract is severable into parts and one or more but not all parts are frustrated, this Act does not apply to the part or parts not frustrated.
>
> **s 6:** Am 1980 No 62, sec 3 (b); 1986 No 16, Sch 23; 1996 No 121, Sch 4.23; 1997 No 11, Sch 1.7; 1997 No 147, Sch 2.11; 1998 No 11, Sch 6.10; 2001 No 34, Sch 2.20; 2009 No 7, Sch 3.6; 2014 No 88, Sch 2.24 \[1\] \[2\].