Queensland Consolidated Acts

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FAIR TRADING ACT 1989 - SECT 59

59 Prohibition of certain contractual terms

(1) A contract to which this division 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 Queensland; 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 Queensland; or
(c) a provision purporting to exclude, restrict, or modify any right conferred on a consumer by this division; or
(d) a provision of a kind prohibited by regulation.

(2) Where a contract to which this division applies contains a provision contrary to subsection (1), the provision is void and the supplier and the dealer each commit an offence against this Act.

Maximum penalty--100 penalty units.

(3) In this section--

contract to which this division applies includes a related contract or instrument.



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