those provisions were, by express provision, confined in their operation to the supply of, or an offer to supply, postal, telegraphic, telephonic or other like services; and

a reference in the provisions of Part XI to a corporation included a reference to a person not being a corporation.

a provision of Part 2-4;

does or is likely to do either or both of the following:

manipulate the consumer;

unreasonably distort the environment in which the consumer makes, or is likely to make, a decision; and

causes or is likely to cause detriment (whether financial or otherwise) to the consumer.

impeding the consumer’s ability to exercise legal rights, or seek legal remedies;

failing to disclose material information to the consumer;

disclosing material information to the consumer in a complex, ineffective, unclear, unintelligible, ambiguous, untimely or overwhelming way;

creating an environment (including by using design elements in digital interfaces) which places the consumer under unreasonable pressure in relation to, or obstructs the consumer from, making or fulfilling the consumer’s decision.

a provision of Part 2-4 (which is about unfair trading practices);

a provision of Part 2-4 (which is about unfair trading practices);

either:

if the amount of the transaction based charge can be calculated—the amount of the transaction based charge; or

in any other case—the method for calculating the transaction based charge;

that it is a per transaction charge;

whether the transaction based charge is or may be payable;

whether or not the base price displayed includes the transaction based charge.

while the base price is displayed; and

in a legible, prominent and unambiguous way; and

in close proximity to the base price.

it is or may be payable by the purchaser for the supply of the goods or services; and

it is not an amount payable for the goods or services themselves; and

it is, or would be, payable at the same time as an amount payable for the goods or services themselves.

a charge (or part of a charge) that is payable at the option of the purchaser;

a payment surcharge (within the meaning of Part IVC of the Competition and Consumer Act);

any tax, duty, fee, levy or charge imposed on the supplier;

any amount paid or payable by the supplier with respect to any tax, fee, levy or charge if:

the amount is paid or payable under an agreement or arrangement made under a law of the Commonwealth, a State or a Territory; and

the tax, duty, fee, levy or charge would have otherwise been payable by another person in relation to the supply;

a charge (or part of a charge) prescribed for the purposes of this paragraph.

that a charge (or part of a charge) is prescribed only in specified circumstances;

different circumstances for different charges (or parts of charges).

in Part 2-3 and sections 243B and 250—has a meaning affected by section 27; and

in Division 4A of Part 3-1—has a meaning affected by section 48H.

meets the requirement in subsection (2), (3), (5) or (6); and

is not an excluded subscription contract.

for recurring or continuing supply of goods or services for an indefinite period; and

for a person to automatically incur liability to pay for the supplies or continuing supply; and

a right for that person to end the contract.

for supply of goods or services in, or recurring or continuing supply of goods or services for, a fixed period; and

for supply, or continuing supply, of goods or services to continue after the end of the fixed period unless a party to the contract stops the supply or continuing supply or the contract is terminated; and

for a person to automatically incur liability to pay for the supplies or continuing supply; and

a right for that person to end the contract.

for supply of goods or services in, or recurring or continuing supply of goods or services for, an initial period free of charge; and

for a person to automatically incur liability to pay for supply of goods or services after the initial period; and

a right for that person to end the contract before the liability is incurred.

for supply of goods or services in, or recurring or continuing supply of goods or services for, an initial period; and

for a person to incur liability to pay for supply of goods or services in or for the initial period at a rate; and

for that person to automatically incur liability to pay for supply of goods or services after the initial period at a higher rate; and

a right for that person to end the contract before the liability to pay at the higher rate is incurred.

a lease;

a licence in respect of real property;

a contract of hire-purchase;

a contract for payment in instalments;

a contract for supply of childcare;

a contract for supply by a pre-school or school of tuition at a pre-school, pre-primary, primary or secondary level;

a contract of a kind prescribed for the purposes of this paragraph.

that a kind of contract is a prescribed kind of contract only in specified circumstances;

different circumstances for different kinds of contract.

(a) a person (the supplier), in trade or commerce, offers to supply, under a contract, goods or services; and

if the contract were entered, the contract would be a subscription contract.

a statement that, if entered, the contract would be a subscription contract; and

information about the matters mentioned in subsection (4).

if the goods or services are of a kind (if any) prescribed for the purposes of this paragraph—in the manner prescribed for goods or services of that kind; or

in circumstances (if any) prescribed for the purposes of this paragraph—in the manner prescribed for those circumstances; or

in any other case—either:

in a comprehensible, audible and unambiguous way within a reasonable time before a person could agree to enter the contract; or

in a legible, prominent and unambiguous way in close proximity to where a person (other than the supplier) can agree to enter the contract.

liabilities to pay that a party to the contract (other than the supplier) would or may incur under the contract;

period of the contract;

renewal, extension or other continuation of the contract;

any notice required before a party to the contract (other than the supplier) can end the contract;

how a party to the contract (other than the supplier) can end the contract;

any matter prescribed for the purposes of this paragraph.

a person, in trade or commerce, supplies goods or services under a subscription contract prescribed for the purposes of this subsection; and

the contract meets the consumer requirement or meets the small business requirement;

in a legible, prominent and unambiguous way; and

if a manner is prescribed for the purposes of this paragraph—in that manner.

all subscription contracts or a class of subscription contract;

different information, times or manners for different classes of subscription contract;

different information, times or manners for subscription contracts in different circumstances;

different times or manners for different information.

provide a way for the subscriber to end the contract; and

ensure that each way the supplier provides for the subscriber to end the contract:

is easy to find; and

is straightforward; and

requires the subscriber to take only steps that are reasonably necessary to end the contract and protect the subscriber’s interests; and

if subsection (2) applies—ensure that one of the ways the supplier provides for the subscriber to end the contract is online.

the subscriber enters the contract online; or

the supplier provides an online way of entering into a contract that, if entered, would be a subscription contract for the same kind of goods or services.

it is a standard form contract for supply of goods or services; and

the subscriber satisfies either or both of the following conditions:

the subscriber makes the contract in the course of carrying on a business and at a time when the subscriber employs fewer than 100 persons;

(ii) the subscriber’s turnover, worked out under subsection (4) for the subscriber’s last income year (within the meaning of the Income Tax Assessment Act 1997) that ended at or before the time when the contract is made, is less than $10,000,000.

a casual employee is not to be counted unless employed on a regular and systematic basis; and

a part-time employee (including a part-time casual employee counted under paragraph (a) of this subsection) is to be counted as an appropriate fraction of a full-time equivalent.

supplies that are input taxed;

(b) supplies that are not for consideration (and are not taxable supplies under A New Tax System (Goods and Services Tax) Act 1999);section 72-5 of the

supplies that are not made in connection with an enterprise that the subscriber carries on;

supplies that are not connected with the indirect tax zone.

whether the supplier has all or most of the bargaining power relating to the transaction;

whether the supplier has made another contract, in the same or substantially similar terms, prepared by the supplier, and, if so, how many such contracts the supplier has made;

whether the contract was prepared by the supplier before any discussion relating to the transaction occurred between the parties;

whether the subscriber was, in effect, required either to accept or reject the terms of the contract (other than the terms referred to in subsection (4)) in the form in which they were presented;

whether the subscriber was given an effective opportunity to negotiate the terms of the contract that were not the terms referred to in subsection (4);

whether the terms of the contract (other than the terms referred to in subsection (4)) take into account the specific characteristics of the subscriber or the particular transaction;

any other matter prescribed by the regulations.

an opportunity for the subscriber to negotiate changes, to terms of the contract, that are minor or insubstantial in effect;

an opportunity for the subscriber to select a term from a range of options determined by the supplier;

an opportunity for a party to another contract or proposed contract to negotiate terms of the other contract or proposed contract.

a term required, or expressly permitted, by a law of the Commonwealth or of a State or Territory; or

a term included in the contract, or taken to be so included, by operation of a law of the Commonwealth, or of a State or Territory, that regulates the contract.

the amendments made by this Part;

(b) any legislative instruments made for the purposes of Competition and Consumer Act 2010.Division 4A of Part 3-1 of Schedule 2 to the

if the contract is renewed, extended or otherwise continued on or after that commencement—sections 48B, 48E and 48F apply to the contract as renewed, extended or otherwise continued, on and from the day on which the renewal, extension or other continuation takes effect; or

if the contract is varied on or after that commencement and paragraph (a) has not already applied in relation to the contract—sections 48B, 48E and 48F apply to the contract as varied, on and from the day on which the variation takes effect.

the operation of the sections would result in an acquisition of property from a person otherwise than on just terms; and

the acquisition of property would be invalid because of paragraph 51(xxxi) of the Constitution.