# Response

(a) Classification: unfair

(b) The controlling statute is the *Australian Consumer Law* (Schedule 2 of the *Competition and Consumer Act 2010* (Cth)). The section that sets out the test for whether a term is unfair is section 23 of the ACL, which provides that a term of a consumer contract is unfair if it would cause a significant imbalance in the parties' rights and obligations under the contract, is not reasonably necessary to protect the legitimate interests of the supplier, and would cause detriment to a consumer if relied upon.