Australian Capital Territory Consolidated Acts

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DOOR-TO-DOOR TRADING ACT 1991 - SECT 5

Certain contractual terms prohibited

    (1)     A contract to which this Act applies shall not contain—

        (a)     a provision purporting to provide that the contract, or any proceeding arising from the contract, is governed by the law of a place other than the ACT; or

        (b)     a provision purporting to provide that legal proceedings arising out of, or in relation to, the contract are justiciable only by the courts of a place other than the ACT; or

        (c)     a provision purporting to exclude, restrict or modify any right given to on a consumer by this Act; or

        (d)     a provision of a kind prohibited by the regulations.

    (2)     If a contract to which this Act applies contains a provision in contravention of subsection (1), the provision is void and the supplier and the dealer each commit an offence.

Maximum penalty:

        (a)     for an individual—$5 000; or

        (b)     for a body corporate—$25 000.

    (3)     In this section:

"contract to which this Act applies" includes a related contract or instrument.



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