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

34   Subsection 12BA(1) (definition of non-party consumer )

Repeal the definition, substitute:

non-party consumer means:

(a) in relation to conduct referred to in subparagraph 12GNB(1)(a)(i) - a person who is not, or has not been, a party to an enforcement proceeding in relation to the conduct; and

(b) in relation to a term of a consumer contract referred to in subparagraph 12GNB(1)(a)(ii) - a person who is not, or has not been, a party to an enforcement proceeding in relation to the term.