Section 129 Federal Competition and Consumer Protection Act 2018
Section 129 of the Federal Competition and Consumer Protection Act 2018 is about Prohibited transactions, agreements, terms or conditions. It is under Part XV (Consumers’ Rights) of the Act.
(1) An undertaking shall not make a transaction or agreement subject to any term or condition if –
(a) its general purpose or effect is to defeat the purposes and policy of this Act, mislead or deceive the consumer, or subject a consumer to fraudulent conduct;
(b) it directly or indirectly purports to-
(i) waive or deprive a consumer of a right to return defective goods or any right set out in this Act,
(ii) avoid the undertaking’s obligation or duty under this Act,
(iii) set aside or override the effect of any provision of this Act,
(iv) authorise the undertaking to do anything that is unlawful under this Act, and
(v) or fail to do anything that is required under this Act;
(c) it purports to-
(i) limit or exempt the undertaking from liability for any loss directly or indirectly attributable to the gross negligence of the undertaking or any person acting for or controlled by the undertaking,
(ii) constitute an assumption of risk or liability by a consumer for the said loss,
(iii) impose an obligation on a consumer to pay for damage,
or
(iv) otherwise assume the risk of handling any goods displayed by the supplier;
(d) it falsely expresses an a:::knowledgment by the consumer that before an agreement was made, no representations or warranties were made in connection with the agreement by the undertaking or a person acting on behalf of the undertaking or the consumer has received goods or services,
or a document that is required by this Act to be delivered to the consumer; and
(e) it expresses an agreement by the consumer to-
(i) deposit with the undertaking, or with any other person at the direction of the undertaking, an identity document, credit or debit card, bank account or automatic teller machine access card, or any similar identifying
document or device, and
(ii) provide a personal identification code or number to be used to access an account.
(2) A purported transaction or agreement, provision, term or condition of a transaction or agreement, or notice to which a transaction or agreement is purported to be subject, is void to the extent that it contravenes the provisions of this section.
