12Contracting out prohibited

#### 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.