New South Wales Consolidated Acts

FAIR TRADING ACT 1987 - SECT 40M

40M Application of provisions not to be excluded or modified

(TPA s 68)

(1) A 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, or

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

(c) any liability of a person for breach of a condition or warranty implied by such a provision, or

(d) the application of section 40N,

is void.

(2) A term of a contract is not to be considered as excluding, restricting or modifying the application of a provision of this Division or the application of section 40N unless the term does so expressly or is inconsistent with that provision or section.

(3) This section is, with respect to a term of a contract for the supply of recreation services within the meaning of section 5N of the Civil Liability Act 2002 , subject to that section.