Commonwealth Numbered Acts

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TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT 68

Application of Division to contracts not to be excluded or modified.
68. (1) Any term of a contract for the supply by a corporation of goods or
services to a consumer (including a term that is not set out in the contract
but is incorporated in the contract by another term of the contract) that
purports to exclude, restrict or modify or has the effect of excluding,
restricting or modifying-

   (a)  the application in relation to that contract of all or any of the
        provisions of this Division;

   (b)  the exercise of a right conferred by such a provision; or

   (c)  any liability of the corporation for breach of a condition or warranty
        implied by such a provision, is void.

(2) A term of a contract shall not be taken to exclude, restrict or modify the
application of a provision of this Division unless the term does so expressly
or is inconsistent with that provision. 


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