A business must not make a standard form consumer contract or small business contract that contains an unfair term it proposed; each such term is a separate contravention and attracts a civil penalty (in force from 9 November 2023). A consumer contract is for goods, services or an interest in land acquired by an individual wholly or predominantly for personal, domestic or household use; a small business contract is one where at least one party has fewer than 100 employees (casuals counted only if regular and systematic) or turnover below $10 million in its last income year. A term is unfair if it would cause a significant imbalance in the parties' rights and obligations, is not reasonably necessary to protect the legitimate interests of the advantaged party (presumed not necessary unless proved) and would cause detriment if relied on (s 24); transparency and the contract as a whole must be considered. Examples include one-sided rights to avoid performance, terminate, penalise, vary terms or price, renew, interpret the contract or assign it, limits on liability for agents or on the right to sue, and shifting the evidential burden (s 25).
The graph holds this control, the 0 it maps to, and the evidence behind each claim, over MCP and REST.