FAIR TRADING ACT 2010 - SECT 38

FAIR TRADING ACT 2010 - SECT 38

38 .         ACL (WA) Part 2-3 (unfair contract terms), application of to contracts made on or after 1 Jan 2011

        (1)         The Australian Consumer Law (WA) Part 2-3 applies to a contract entered into on or after the commencement of this section.

        (2)         That Part does not apply to a contract entered into before that commencement. However —

            (a)         if the contract is renewed on or after that commencement — that Part applies to the contract as renewed, on and from the day (the renewal day ) on which the renewal takes effect, in relation to conduct that occurs on or after the renewal day; or

            (b)         if a term of the contract is varied on or after that commencement, and paragraph (a) has not already applied in relation to the contract — that Part applies to the term as varied, on and from the day (the variation day ) on which the variation takes effect, in relation to conduct that occurs on or after the variation day.

        (3)         If subsection (2)(b) applies to a term of a contract, sections 23(2) and 27 of the Australian Consumer Law (WA) apply to the contract.