Trade Practices Amendment (Australian Consumer Law) Act (No. 1) 2010 (44 of 2010)
Schedule 3 Amendment of corporations legislation
Part 8 Enforcement and remedies relating to unfair contract terms
Australian Securities and Investments Commission Act 2001
47 Subsection 12GNB(2)
Repeal the subsection, substitute:
(2) An order under subsection (1) may be made against:
(a) if subparagraph (1)(a)(i) applies - the person who engaged in the contravening conduct, or a person involved in that conduct; or
(b) if subparagraph (1)(a)(ii) applies - a party to the contract who is advantaged by the declared term.