Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 131A

Division does not apply to financial services

  (1)   Despite section   131, this Division does not apply, other than in relation to the following provisions of Schedule   2 as they apply as a law of the Commonwealth, to the supply, or possible supply, of services that are financial services, or of financial products:

  (a)   Division   3A of Part   3 - 2;

  (b)   Division   3A of Part   4 - 2;

  (c)   Part   5 - 5.

  (2)   Without limiting subsection   (1):

  (a)   Part   2 - 1 of Schedule   2 and sections   34 and 156 of Schedule   2 do not apply to conduct engaged in in relation to financial services; and

  (b)   Part   2 - 3 of Schedule   2 does not apply to, or in relation to:

  (i)   contracts that are financial products; or

  (ii)   contracts for the supply, or possible supply, of services that are financial services; and

  (c)   if a financial product consists of or includes an interest in land--the following provisions of Schedule   2 do not apply to that interest:

  (i)   section   30;

  (ii)   paragraphs 32(1)(c) and (d) and (2)(c) and (d);

  (iii)   paragraphs 50(1)(c) and (d);

  (iv)   section   152;

  (v)   subparagraphs   154(1)(b)(iii) and (iv) and (2)(b)(iii) and (iv);

  (vi)   subparagraphs   168(1)(b)(iii) and (iv); and

  (d)   sections   39 and 161 of Schedule   2 do not apply to:

  (i)   a credit card that is part of, or that provides access to, a credit facility that is a financial product; or

  (ii)   a debit card that allows access to an account that is a financial product.



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