COMPETITION AND CONSUMER ACT 2010 - SECT 45EA Provisions contravening section 45E not to be given effect

COMPETITION AND CONSUMER ACT 2010 - SECT 45EA

    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 section   88.