Retirement Villages Act 2004
42Contract to avoid Act
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42 Contract to avoid Act
(1) A residence contract or other agreement or arrangement entered into between an operator of a retirement village and a resident after the commencement date that –
(a) is inconsistent with a provision of this Act; or
(b) purports to exclude, modify or restrict the operation of this Act, or a right conferred by or under this Act –
is, except where the inconsistency, exclusion, modification or restriction is expressly permitted by this Act, to that extent void and of no effect.
(2) Where a residence contract or other agreement or arrangement that has been entered into between an operator and a resident before the commencement date is inconsistent with a provision of this Act, that contract, agreement or arrangement prevails to the extent of the inconsistency.