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.