Commonwealth Consolidated Acts

TRADE PRACTICES ACT 1974 - SECT 68

             (1)  Any term of a contract (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 of all or any of the provisions of this Division;

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

                     (c)  any liability of the corporation for breach of a condition or warranty implied by such a provision; or

                     (d)  the application of section 75A;

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 or the application of section 75A unless the term does so expressly or is inconsistent with that provision or section.