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RESIDENTIAL (LAND LEASE) COMMUNITIES ACT 2013 - SECT 12
Contracting out prohibited
12 Contracting out prohibited
(1) The provisions of this Act and the regulations have effect despite any
stipulation to the contrary in any agreement, contract or arrangement and no
agreement, contract or arrangement operates to annul, vary or exclude any of
the provisions of this Act or the regulations.
(2) Subsection (1) applies in
relation to an agreement, contract or arrangement (including a collateral
agreement between the parties to a site agreement), and so applies in relation
to the agreement, contract or arrangement-- (a) whether or not it is a
site agreement, and
(b) whether or not it is a tenancy agreement, and
(c)
whether it is oral or wholly or partly in writing, and
(d) whether it is or
was made or entered into before or after the commencement of this section.
(3) Without limiting subsection (1), a term of an agreement, contract or
arrangement referred to in that subsection, including but not limited to a
purported waiver (however expressed) of a right under this Act or the
regulations, is void to the extent it is inconsistent with this Act or the
regulations.
(4) A person must not enter into any agreement, contract or
arrangement after the commencement of this section with the intention, either
directly or indirectly, of defeating, evading or preventing the operation of
this Act or the regulations. : Maximum penalty--100 penalty units.
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