Queensland Consolidated Acts

FAIR TRADING ACT 1989 - SECT 123

123 Unfair contract terms

(1) The Australian Consumer Law (Queensland), chapter 2, part 2-3—

(a) applies to a contract entered into on or after the commencement; and

(b) does not apply to a contract entered into before the commencement.

(2) Despite subsection (1)(b), if a contract entered into before the commencement is renewed on or after the commencement, the Australian Consumer Law (Queensland), chapter 2, part 2-3 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 happens on or after the renewal day.

(3) Also, if a term of a contract entered into before the commencement is varied on or after the commencement, and subsection (2) has not already applied in relation to the contract, the Australian Consumer Law (Queensland), chapter 2, part 2-3 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 happens on or after the variation day.

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