Competition and Consumer Act 2010 (Cth)
Section 4L
Severability
The provision
If the making of a contract after the commencement of this section contravenes this Act by reason of the inclusion of a particular provision in the contract, then, subject to any order made under section 51ADB or 87, nothing in this Act affects the validity or enforceability of the contract otherwise than in relation to that provision in so far as that provision is severable.
Legislative history
Inserted by Trade Practices Amendment Act 1977 (Act 81 of 1977)
Amended by Trade Practices Revision Act 1986 (Act 17 of 1986)
Amended by Trade Practices Amendment (Australian Consumer Law) Act (No. 1) 2010 (Act 44 of 2010)
Amended by Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010 (Act 103 of 2010)
Commentary
See SST Consulting Services Pty Limited v Rieson [2006] HCA 31 for extensive discussion on the issue of severance in the context of exclusive dealing conduct. Justice Kirby, in his dissent on this point, sets out the legislative history of the provision.
