37No contracting out

37 No contracting out

37 No contracting out

(1) This Division shall have effect with respect to a contract referred to in section 33 notwithstanding any provision to the contrary in the contract.

(2) Any transaction entered into or any contract or arrangement made, whether orally or in writing, for the purpose of or having the effect of in any way, whether directly or indirectly, defeating, evading, avoiding or preventing the operation of this Division in any respect shall be unenforceable except that any money paid as part of any such transaction or under any such contract or arrangement may be recovered by the person who paid it from the person to whom it was paid.