7Act to have effect notwithstanding agreements

#### 7 Act to have effect notwithstanding agreements (1) This Act applies notwithstanding any agreement to the contrary and, in particular, but without limiting the generality of the foregoing, a provision in any agreement is void to the extent that it purports to exclude, limit or modify, or is otherwise inconsistent with, the operation of a provision of this Act or any right or remedy based on or arising out of a provision of this Act. (2) Nothing in this Act shall be taken to affect the operation of an agreement to the extent that the agreement is capable of operating consistently with this Act. (3) Where: (a) the proper law of an agreement would, but for a provision that it should be the law of some other country or a provision to the like effect, be the law of any part of Australia; or (b) an agreement contains a provision that purports to substitute, or has the effect of substituting, provisions of the law of some other country or of a State or Territory for all or any of the provisions of this Act; this Act applies to the agreement notwithstanding that provision. (4) Where a provision of a franchise agreement would, but for subsection (1), have the effect of restricting the volume of motor fuel to be sold by retail at the marketing premises, then, if, and only if: (a) petroleum products in liquid form were dealt with at those premises at any time or times during the period of 4 months immediately before the agreement was entered into; and (b) the volume of motor fuel (if any) sold by retail at those premises during that period did not exceed 25% of the total volume of those products so dealt with during that period; that subsection does not apply to that provision by reason only that the provision would have that effect. (5) For the purposes of paragraph (4)(a), a quantity of a petroleum product shall be taken to have been dealt with at marketing premises at a time if, and only if, at that time: (a) it was sold from the premises and had not been previously sold from the premises; or (b) it was transported from the premises for purposes of sale elsewhere and had not been previously transported from the premises for those purposes.