Victorian Current Acts Victorian Current Acts(1) Subject to subsection (2), a term of a contract of supply of recreational services is not void under section 64 of the Australian Consumer Law (Victoria) by reason only that the term excludes, restricts or modifies, or has the effect of excluding, restricting or modifying—
(a) the application of any or all of the provisions of Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law (Victoria) to the supply of the recreational services under the contract; or
(b) the exercise of a right conferred by the provisions of Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law (Victoria) in relation to the supply of the recreational services under the contract; or
(c) any liability of the supplier for a failure to comply with a guarantee under that Subdivision in relation to the supply of the recreational services under the contract.
(2) Subsection (1) only applies if—
(a) the contract of supply of recreational services was entered into on or after 1 June 2004; and
(b) the exclusion, restriction or modification contained in the term is limited to liability for death or personal injury; and
(c) the term—
(i) contains the prescribed particulars (if any) and is in the prescribed form (if any); or
(ii) is specified, or is of a class of term specified, in an Order made under section 23; and
(d) if there is a prescribed form for the term, the supplier has not made a false or misleading statement as to a material particular in or in relation to the term; and
(e) the term was brought to the attention of the purchaser prior to the supply of the recreational services.
(3) Despite subsection (1), a person is not entitled to rely on a term of a contract in relation to the supply of recreational services which complies with subsection (2) if—
(a) the person has done or omitted
to do something in relation to the supply of those recreational services that
but for
subsection (1) would—
(i) be an act or omission to which all or any of the provisions of Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law (Victoria) would apply; or
(ii) give rise to the exercise of a right conferred by all or any of the provisions of Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law (Victoria); or
(iii) constitute a failure to comply with a guarantee that applies under Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law (Victoria); and
(b) the act or omission was done or omitted to be done with reckless disregard, with or without consciousness, for the consequences of the act or omission.
(4) In this section—
"disease" includes any physical or mental ailment, disorder, defect or morbid condition, whether of sudden onset or gradual development and whether of genetic or other origin;
"injury" means any physical or mental injury;
"personal injury" means—
(a) an injury of a natural person (including the aggravation, acceleration or recurrence of an injury of the individual); or
(b) the contraction, aggravation, acceleration or recurrence of a disease of a natural person; or
(c) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to a natural person that is or may be harmful or disadvantageous to, or result in harm or disadvantage to—
(i) the person; or
(ii) the community;
"recreational services" means services that consist of participation in—
(a) a sporting activity or a similar leisure‑time pursuit; or
(b) any other activity that—
(i) involves a significant degree of physical exertion or physical risk; and
(ii) is undertaken for the purposes of recreation, enjoyment or leisure.
(5) The definition of injury in subsection (4) does not, by implication, affect the meaning of the expression injury when used in a provision of this Act other than this section.