Part 9Miscellaneous

Part 9—Miscellaneous 115—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. 117—Notice by landlord not waived by acceptance of rent A demand for, any proceeding for the recovery of, or acceptance of, rent by a landlord after the landlord has notice of a breach of the agreement by the tenant or has given the tenant notice of termination under this Act does not operate as a waiver of that breach or that notice. 117A—Liability to prosecution not to derogate from civil liability The liability to be prosecuted for an offence is in addition to any civil liability for breach of a residential tenancy agreement or rooming house agreement or any other civil liability the person may incur. 118—Exemptions The Minister may, by order published in the Gazette— (a) exempt agreements, or premises, of a specified class from the provisions, or specified provisions, of this Act; or (b) modify specified provisions of this Act in their application to a specified class of agreements or a specified class of premises; or (c) vary or revoke an order previously made by the Minister under this section. 119—Tribunal may exempt agreement or premises from provision of Act (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 premises, 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 to an order. 120—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; or (d) transmitted by email to an email address provided by the person for the purposes of service under this Act (in which case the notice or document will be taken to have been given or served at the time of transmission); or (e) given in some other manner permitted by the Tribunal. (3) If two or more persons are the landlords or tenants under a residential tenancy agreement, a notice or other document is duly given if given to any one of them. 121—Regulations and fee notices (1) The Governor may make regulations for the purposes of this Act. (2) The regulations may— (a) be of general or limited application; and (ab) may make different provision according to the matters or circumstances to which they are expressed to apply; and (b) provide that a matter or thing is to be determined, dispensed with or regulated by the Minister. (3) A regulation may impose a penalty not exceeding $5 000 for breach of the regulation. (4) The regulations may fix expiation fees, not exceeding $315, for alleged offences against the regulations. (5) The Minister may prescribe fees for the purposes of this Act by fee notice under the Legislation (Fees) Act 2019. (6) A fee notice may provide for the waiver, reduction or remission of fees.