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Monday, 16 November 2009
Page: 11854


Mr Robert asked the Treasurer, in writing, on 11 August 2009:

Does the Trade Practices Amendment (Australian Consumer Law) Bill 2009 apply to body corporate management contracts; if not, why are such contracts excluded?


Mr Swan (Treasurer) —The answer to the honourable member’s question is as follows:

The unfair contract terms provisions in the Trade Practices Amendment (Australian Consumer Law) Bill 2009 apply to consumer contracts in a standard form between a business and a consumer for a supply of goods or services or a sale or grant of an interest in land where the acquisition of the goods, services or interest is wholly or predominantly for personal, domestic or household use of consumption. The provisions exclude certain shipping contracts and contracts representing the constitution of a company, managed investment scheme or other kind of body. The unfair contract terms provisions would apply to particular body corporate management contracts to the extent that such contracts meet these criteria.