Federal Register of Legislation
Trade Practices Amendment (Liability for Recreational Services) Act 2002
No. 146, 2002
An Act to amend the Trade Practices Act 1974, and for other purposes
Contents 1 Short title................................... 2 Commencement............................... 3 Schedule(s)..................................
Schedule 1—Amendment of the Trade Practices Act 1974
Trade Practices Amendment (Liability for Recreational Services) Act 2002
No. 146, 2002
An Act to amend the Trade Practices Act 1974, and for other purposes
[Assented to 19 December 2002]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Trade Practices Amendment (Liability for Recreational Services) Act 2002.
2 Commencement
This Act commences on the day on which it receives the Royal Assent.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendment of the Trade Practices Act 1974
1 After section 68A Insert:
68B Limitation of liability in relation to supply of recreational services
(1) A term of a contract for the supply by a corporation of recreational services is not void under section 68 by reason only that the term excludes, restricts or modifies, or has the effect of excluding, restricting or modifying: (a) the application of section 74 to the supply of the recreational services under the contract; or (b) the exercise of a right conferred by section 74 in relation to the supply of the recreational services under the contract; or (c) any liability of the corporation for a breach of a warranty implied by section 74 in relation to the supply of the recreational services under the contract; so long as: (d) the exclusion, restriction or modification is limited to liability for death or personal injury; and (e) the contract was entered into after the commencement of this section.
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