Commonwealth Numbered Acts

TELECOMMUNICATIONS ACT 1991 No. 98 of 1991 - SECT 396

396. (1) This section applies where an agreement, or a provision of an
agreement, is unenforceable because of a provision of this Act.

(2) A party to the agreement is not entitled, as against any other party:

   (a)  to enforce the agreement or provision, as the case may be, whether
        directly or indirectly; or

   (b)  to rely on the agreement or provision, as the case may be, whether
        directly or indirectly and whether by way of defence or otherwise.

(3) A party to the agreement is not entitled to recover by any means
(including, for example, set-off, a quasi-contractual claim or a claim for a
restitutionary remedy) any amount that, but for this section, another party
would have been liable to pay to the first-mentioned party under or in
connection with the agreement or provision, as the case may be.