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Holiday Parks (Long-term Casual Occupation) Act 2002
15What if there is no written agreement?
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#### 15 What if there is no written agreement?
15 What if there is no written agreement?
> > (1) A park owner who, after the commencement of this section, knowingly enters into an occupation agreement that is not in writing or that is only partly in writing is guilty of an offence.
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> > Maximum penalty—5 penalty units.
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> > (2) The fact that an occupation agreement is not in writing does not by itself mean that the agreement is void or voidable.
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> > (3) An occupation agreement that is not in writing is taken to include the following standard terms—
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> > > (a) every term set out in Schedule 1 (with the blank spaces filled in with appropriate details), and
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> > > (b) every term prescribed by the regulations.
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> > (4) An occupation agreement that is not in writing may include additional terms only if—
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> > > (a) they are consistent with this Act and every other Act, and
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> > > (b) they are consistent with the standard terms of the agreement included in the agreement by subsection (3).
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> > (5) A term of an occupation agreement is void to any extent to which it is inconsistent with this or any other Act or any term included in the agreement by subsection (3).
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> > (6) An additional term is void if the Tribunal so orders, on application by an occupant or a park owner, on being satisfied that the additional term contravenes subsection (4).
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> > (7) This section applies despite section 54A (which requires certain contracts in relation to land to be in writing) of the [Conveyancing Act 1919](/view/html/inforce/current/act-1919-006).