Commentary on Sections Part 2: Discrimination on Grounds of Religion or Belief Section 72: Validity and revision of contracts
247.Section 72 provides that the term of a contract will be void where its inclusion would make the contract unlawful under this Part, where it is included in furtherance of an act that is unlawful under this Part, or where it provides for the doing of an act which would be unlawful under this Part.
248.Subsection (2) protects a person who is party to a contract and who would have been the victim of discrimination as a result of a term of that contract. It provides that the term will not be void in such a situation, as this would further disadvantage the person. However the offending term would not be enforceable against that person.
249.Under Subsection (3), a term purporting to exclude or limit a provision of Part 2 of the Act will be unenforceable by a party in whose favour it would operate.
250.Subsections (5) and (6) allow the courts to resolve disputes by removing or modifying a term to which subsection (1) applies.