Section 128 Federal Competition and Consumer Protection Act 2018

Section 128 of the Federal Competition and Consumer Protection Act 2018 is about Notice required for certain terms and conditions. It is under Part XV (Consumers’ Rights) of the Act.

(1) Any notice to consumers or potential consumers, or provision of a consumer agreement, which purports to-
(a) limit in any way the risk or liability of an undertaking supplying goods or services or any other person,
(b) constitute an assumption of risk or liability by the consumer,

(c) impose an obligation on the consumer to indemnify an undertaking supplying goods or services or any other person for any cause, or
(d) be an acknowledgement of any fact by the consumer, shall be drawn to the attention of the consumer m a
conspicuous manner and form that is likely to attract the attention of an ordinarily alert consumer having regard to the circumstances.

(2) Before the consumer enters into the transaction, or is required or expected to offer consideration for the transaction or agreement, the consumer shall be given adequate opportunity in the circumstances to receive and comprehend the provision or notice.