261Contracting out of Act

261 Contracting out of Act (1) This Act has effect despite anything to the contrary in an agreement, contract, scheme or arrangement. (2) An agreement, contract, scheme or arrangement, whether oral or wholly or partly in writing, does not operate to vary or exclude the operation of a provision of this Act. (3) Subsection (1) and subsection (2) apply in relation to the constitution of a corporation in the same way as they apply in relation to an agreement, contract, scheme or arrangement. (4) A person commits an offence if the person enters into an agreement, contract, scheme or arrangement to defeat, avoid or prevent, directly or indirectly, the operation of this Act. (5) Subsection (4) does not apply to a residential tenancy agreement that contains a term to the effect that this Act does not apply to the residential premises the subject of the agreement. Note 1 The defendant has an evidential burden in relation to the matters Note 2 A retirement village does not include residential premises that are the subject of a residential tenancy agreement in certain circumstances (see s 10 (1), def retirement village, par (b) (vi)).