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Australian Consumer Law (Sch 2, Competition and Consumer Act 2010 (Cth))

Section 23
Unfair terms of consumer contracts


The provision

(1) A term of a consumer contract is void if:

(a)  the term is unfair; and

(b)  the contract is a standard form contract.

(2)  The contract continues to bind the parties if it is capable of operating without the unfair term.

(3)  A consumer contract is a contract for:

(a)  a supply of goods or services; or

(b)  a sale or grant of an interest in land;

to an individual whose acquisition of the goods, services or interest is wholly or predominantly for personal, domestic or household use or consumption.


Legislative history




Currently under review as part of the Competition Policy Review and through a Treasury consultation process: