Victorian Numbered Acts

FAIR TRADING AMENDMENT (UNFAIR CONTRACT TERMS) ACT 2010 (NO. 21 OF 2010) - SECT 5

    (1)     In section 32U of the Principal Act—

        (a)     the definition of prescribed unfair term is repealed ;

        (b)     the definition of standard form contract is repealed ;

        (c)     the definition of unfair term is repealed .

    (2)     In section 32U of the Principal Act insert the following definitions—

" constitution has the meaning given by the Corporations Act;

consumer contract has the meaning given by section 32Y(5);

"interest", in relation to land, means—

        (a)     a legal or equitable estate or interest in the land; or

        (b)     a right of occupancy of the land, or of a building or part of a building erected on the land, arising by virtue of the holding of shares, or by virtue of a contract to purchase shares, in an incorporated company that owns the land or building; or

        (c)     a right, power or privilege over, or in connection with, the land;

"rely on", in relation to a term of a consumer contract, includes the following—

        (a)     attempt to enforce the term;

        (b)     attempt to exercise a right conferred, or purportedly conferred, by the term;

        (c)     assert the existence of a right conferred, or purportedly conferred, by the term;

ship has the meaning given by the Admiralty Act 1988 of the Commonwealth;

"transparent", in relation to a term of a consumer contract, has the meaning given by section 32W(3);

"unfair", in relation to a term of a consumer contract, has the meaning given by section 32W(1);

upfront price has the meaning given by section 32V(2).".