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In force2020 Revised Edition

Part 3

29. Saving for other relevant legislation

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(1)

Nothing in this Act removes or restricts the effect of, or prevents reliance upon, any contractual provision which —

(a)

is authorised or required by the express terms or necessary implication of an enactment; or

(b)

being made with a view to compliance with an international agreement to which Singapore is a party, does not operate more restrictively than is contemplated by the agreement.

(2)

A contract term is to be taken for the purposes of Part 1 as satisfying the requirement of reasonableness if it is incorporated or approved by, or incorporated pursuant to a decision or ruling of, a competent authority acting in the exercise of any statutory jurisdiction or function and is not a term in a contract to which the competent authority is itself a party.

(3)

In this section —

“competent authority” means any court, arbitrator or arbiter, Government department or public authority;

“enactment” means any legislation (including subsidiary legislation) of Singapore and any instrument having effect by virtue of such legislation;

“statutory” means conferred by an enactment.

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