South Australian Consolidated Acts

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FAIR TRADING ACT 1987 - SECT 15

15—Prohibition of certain contractual terms

        (1)         A contract to which this Part applies must 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 South Australia; 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 South Australia; or

            (c)         a provision purporting to exclude, restrict or modify any right conferred on a consumer by this Part.

        (2)         Where a contract to which this Part applies contains a provision contrary to subsection (1), the provision is void and the supplier and the dealer are each guilty of an offence.

Maximum penalty: $10 000.

        (3)         In this section—

"contract to which this Part applies" includes a related contract or instrument.



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