Part 13Miscellaneous

Part 13—Miscellaneous 137—Contract to avoid Act (1) An agreement or arrangement that is inconsistent with this Act or purports to exclude, modify or restrict the operation of this Act, is (unless the inconsistency, exclusion, modification or restriction is expressly permitted under this Act) to that extent void. (2) A purported waiver of a right under this Act is void. (3) A person who enters into an agreement or arrangement to defeat, evade or prevent the operation of this Act (directly or indirectly) is guilty of an offence. 138—Notice by park owner not waived by acceptance of rent A demand for, any proceeding for the recovery of, or acceptance of, rent by a park owner after the park owner has notice of a breach of the agreement by the resident or has given the resident notice of termination under this Act does not operate as a waiver of the breach or the notice. 138A—Park owner must have safety evacuation plan A park owner must ensure that the park has a written plan for the safe evacuation of the park in the case of an emergency and that— (a) the plan complies with any requirements prescribed by the regulations; and (b) if the park has a residents committee—the residents committee is consulted in relation to the plan; and (c) the plan is provided to park residents or is otherwise available for inspection by park residents; and (d) the plan is reviewed at least once a year. 139—Exemptions (1) The Tribunal may, on application by an interested person, if the Tribunal considers it necessary or desirable in the circumstances, order that a provision of this Act will not apply in relation to an agreement or prospective agreement or to particular rented property, or will apply in a modified manner (and the order will have effect accordingly). (2) An order may be made on conditions that the Tribunal considers appropriate. (3) A person must not contravene a condition of an order. 140—Service (1) A notice or document required or authorised to be given to a person under this Act may be— (a) given to the person, or an agent of the person, personally; or (b) sent by post addressed to the person, or an agent of the person, at the last known place of residence, employment or business of the person or agent; or (c) left in a letterbox or other place where it is likely to come to the attention of the person, or an agent of the person, at the last known place of residence, employment or business. (2) If the whereabouts of a person is unknown, the notice or document may be given by publishing it in a newspaper circulating generally throughout the State. (3) If 2 or more persons are the park owners or residents under a residential park agreement, a notice or other document is duly given if given to any 1 of them. 141—Regulations (1) The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act. (2) Without limiting the generality of subsection (1), the regulations may do any of the following: (a) make provision in relation to the form or content of any document referred to in this Act; (b) make provision in relation to the keeping of records for the purposes of this Act; (c) require the preparation, and the provision to residents (or prospective residents), of policies relating to matters prescribed by the regulations and regulate or prescribe the contents of such policies; (d) require the provision to residents (or prospective residents) of such other information or documents as may be prescribed by the regulations; (e) make provisions of a saving or transitional nature consequent on the enactment of any amendment to this Act or on the commencement of specified provisions of this Act or on the making of regulations under this Act; (f) impose penalties, not exceeding $2 500, for offences against the regulations; (g) fix expiation fees, not exceeding $210, for alleged offences against the regulations. (3) The regulations may— (a) be of general or limited application; and (b) leave any matter to be determined according to the opinion or discretion of the Minister or another specified person; and (c) incorporate, adopt or apply, with or without modifications, a document formulated or published by any body or authority (as in force at a particular time or from time to time). (4) A provision made by a regulation under subsection (2)(e) may, if the regulations so provide— (a) take effect from the commencement of an amendment to, or provision of, this Act or from a later day; and (b) have effect despite any provisions of this Act or despite any other savings or transitional provisions enacted in relation to an amendment to, or provision of, this Act. (5) To the extent to which a provision takes effect under subsection (4) from a day earlier than the day of the publication of the regulation in the Gazette, the provision does not operate to the disadvantage of a person by— (a) decreasing the person's rights; or (b) imposing liabilities on the person.