| a) |
limit in any way the risk or liability of the supplier or any other person; |
| b) |
constitute an assumption of risk or liability by the consumer; |
| c) |
impose an obligation on the consumer to indemnify the supplier or any other person for any cause; or |
| d) |
be an acknowledgement of any fact by the consumer, must be drawn to the attention of the consumer in a manner and form that satisfies the formal requirements of subsections (3) to (5). |
| 2) |
In addition to subsection (1), if a provision or notice concerns any activity or facility that is subject to any risk— |
| a) |
of an unusual character or nature; |
| b) |
the presence of which the consumer could not reasonably be expected to be aware or notice, or which an ordinarily alert consumer could not reasonably be expected to notice or contemplate in the circumstances; or |
| c) |
that could result in serious injury or death, |
the supplier must specifically draw the fact, nature and potential effect of that risk to the attention of the consumer in a manner and form that satisfies the requirements of subsections (3) to (5), and the consumer must have assented to that provision or notice by signing or initialling the provision or otherwise acting in a manner consistent with acknowledgement of the notice, awareness of the risk and acceptance of the provision.
| 3) |
A provision, condition or notice contemplated in subsection (1) or (2) must be written in plain language, as described in section 22. |
| 4) |
The fact, nature and effect of the provision or notice contemplated in subsection (1) must be drawn to the attention of the consumer— |
| a) |
in a conspicuous manner and form that is likely to attract the attention of an ordinarily alert consumer, having regard to the circumstances; and |
| b) |
before the earlier of the time at which the consumer— |
| i) |
enters into the transaction or agreement, begins to engage in the activity, or enters or gains access to the facility; or |
| ii) |
is required or expected to offer consideration for the transaction or agreement. |
| 5) |
The consumer must be given an adequate opportunity in the circumstances to receive and comprehend the provision or notice as contemplated in subsection (1). |
Transfer Duty Act, 1949
