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AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION ACT 2001 - SECT 326A

Application--unfair contract terms

  (1)   The amendments of this Act made by Schedule   1 to the Financial Sector Reform (Hayne Royal Commission Response--Protecting Consumers (2019 Measures)) Act 2020 apply in relation to a contract entered into on or after the commencement of that Schedule.

  (2)   The amendments do not apply to a contract entered into before the commencement of that Schedule. However:

  (a)   if the contract is renewed on or after that commencement--the amendments apply to the contract as renewed, on and from the day (the renewal day ) on which the renewal takes effect, in relation to conduct that occurs on or after the renewal day; or

  (b)   if a term of the contract is varied on or after that commencement and paragraph   (a) has not already applied in relation to the contract--the amendments apply to the term as varied, on and from the day (the variation day ) on which the variation takes effect, in relation to conduct that occurs on and after the variation day.

  (3)   If paragraph   (2)(b) of this section applies to a term of a contract, subsection   12BF(2) and section   12BK of this Act apply to the contract.

  (4)   Despite paragraphs   (2)(a) and (b) and subsection   (3) of this section, the amendments do not apply to a contract, or a term of a contract, to the extent that the operation of the amendments would result in an acquisition of property (within the meaning of paragraph   51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph of the Constitution).

 



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