South Australian Consolidated Acts

FAIR TRADING ACT 1987 - SECT 47

47—Application of provisions rendering contracts etc unenforceable

Where a provision of this Part is expressed to render a provision of a contract, or to render a covenant, unenforceable if the provision of the contract or the covenant has or is likely to have a particular effect, that provision of this Part applies in relation to the provision of the contract or the covenant at any time when the provision of the contract or the covenant has or is likely to have that effect despite the fact that—

            (a)         at an earlier time the provision of the contract or the covenant did not have that effect or was not regarded as likely to have that effect; or

            (b)         the provision of the contract or the covenant will not or may not have that effect at a later time.