Western Australia Fair Trading Act 2010
Parts 1 and 2: Object, interpretation and application – Western Australia Fair Trading Act 2010

Western Australia Fair Trading Act 2010 13: No contracting out: the Act applies despite any contrary term

What does 13 require?

The Act operates regardless of any stipulation in a contract or agreement that says otherwise. Where a contract contravenes the Act only because it contains a particular provision, the rest of the contract stays valid and enforceable so far as that provision can be severed, subject to any order a court makes under sections 105 or 106. A trader cannot use its standard terms to exclude the Act or the ACL (WA).

Maintained by Gerard Blokdyk

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