Instead of concentrating on complicated hypothetical arguments, how about looking at the facts and bringing it back to basics? What eBay is essentially saying is that if you want to continue using their site after November 1, you must agree to a number of terms and conditions which are illegal under Australian Consumer Law, but the very fact that those terms and conditions are illegal completely negates eBay's demand that you must agree to them in order to continue selling here. I honestly believe that in its most basic form, it really is as simple as that.

As sellers, we can not be required to provide our buyers with any benefits or conditions in excess of, or which extend beyond those which are specified by the relevant Australian Consumer Legislation. We can certainly choose to do so, but it must always remain an individual choice and not something which eBay can arbitrarily impose on every seller at their whim, particularly as eBay are neither the owners nor the vendors of the goods in question. As they are frequently so quick to tell us, they are nothing more than a venue where people can get together and sell their goods and services.