(a) That's correct. The lease in question is entered into in the course of trade or commerce. A lease agreement falls within the definition in s 2 of the ACL of 'services'. The case therefore falls within the provisions of s 21. But is B's conduct unconscionable?
Section 22 extends the concept of unconscionable conduct in s 21 beyond the definition of unconscionable dealing according to the 'unwritten law'. Various matters are listed in the section that a court may take into account when deciding whether a supplier or acquirer of goods or services has engaged in unconscionable conduct. If you read through the section you will quickly understand the nature and scope of the provisions.
Taking account of the various matters listed in s 22, it is very likely that, in the present case, there has been a contravention of s 21 of the ACL by B. In particular, B has unreasonably failed to disclose to A his intended conduct and the risks to A that arise from that conduct (see s 22(1)(i)). B has also acted in bad faith (see s 22(1)(l)).
Section 21(4) provides that s 21 is intended to apply to circumstances where a ‘system of conduct or pattern of behaviour’ is shown to be unconscionable, even if no particular individual has been disadvantaged by it.