Avoid unfair contract terms in standard form consumer & small business contracts

From November 2023, unfair contract terms carry pecuniary penalties — up to $50M per term.

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Who must comply

Any business issuing standard form contracts to consumers or small businesses.

What triggers it

Including or relying on an unfair term in a standard form contract.

When due

Ongoing.

Evidence required

Reviewed contracts, legal sign-off, term-by-term assessment.

Max penalty

$50M, 3× benefit, or 30% of adjusted turnover (corporations); $2.5M (individuals) per term

Summary

Amendments to the Australian Consumer Law and ASIC Act, effective 9 November 2023, prohibit (with penalties) the use of, or reliance on, unfair contract terms in standard form contracts with consumers and small businesses (now redefined to <100 employees or <$10M turnover). Each unfair term can be a separate contravention.

Enforced by

Source legislation

Topics

consumer-lawunfair-contract-terms

Source: https://accc.gov.au/business/business-rights-and-protections/unfair-contract-terms. Rules Mate is not a law firm. Always verify against the live regulator source before acting.