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COMPETITION AND CONSUMER ACT 2010 - SECT 45EA

Provisions contravening section 45E not to be given effect

                   A person must not give effect to a provision of a contract, arrangement or understanding if, because of the provision, the making of the contract or arrangement, or the arriving at the understanding, by the person:

                     (a)  contravened subsection 45E(2) or (3); or

                     (b)  would have contravened subsection 45E(2) or (3) if:

                              (i)  section 45E had been in force when the contract or arrangement was made, or the understanding was arrived at; and

                             (ii)  the words "is in writing and" and "written" were not included in subsection 45E(4).

Note:          Conduct that would otherwise contravene this section can be authorised under subsection 88(7A).



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