16DETerms of contracts

#### 16DE Terms of contracts 16DE Terms of contracts > > (1) A contract must include (and is taken to include) each of the terms set out in Part 2 of Schedule 2. A contract that contains a term that is inconsistent with a term set out in Part 2 of Schedule 2 is unenforceable to the extent of the inconsistency. > > > (2) The regulations may make provision for or with respect to— > > > > > (a) terms or other matter that must be included in a contract or a class of contracts, or > > > > > (b) terms or other matter that must not be included in a contract or a class of contracts. > > > (3) If the regulations require a contract or class of contracts to contain a specified term (a prescribed term), a contract of the kind concerned is taken to include the term. A contract that contains a term that is inconsistent with a prescribed term is unenforceable to the extent of the inconsistency. > > > (4) If the regulations provide that any term or other matter must not be included in a contract or a class of contracts, any contract that contains that term or other matter is unenforceable to the extent that it includes or applies to that term or other matter. > > > (5) Any regulation made under this section does not apply to a contract in force at the time that the regulation commences. > > > (6) A requirement imposed by or under this section that a contract must include a particular term is a requirement that the contract expressly include the term and is not complied with merely because this section provides that the contract is taken to include the term. > > > (7) This section does not limit section 16D(3). > > **s 16DE:** Ins 2001 No 51, Sch 2 \[11\]. Subst 2014 No 24, Sch 1 \[23\].