New South Wales Consolidated Acts

RETIREMENT VILLAGES ACT 1999 - SECT 199

199 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, whether oral or wholly or partly in writing, and whether made or entered into before or after the commencement of this section, operates to annul, vary or exclude any of the provisions of this Act or the regulations.

(2) Subsection (1) applies in relation to the constitution of a corporation in the same way as it applies in relation to an agreement, contract or arrangement.

(3) A person must not enter into any agreement, contract or arrangement with the intention, either directly or indirectly, of defeating, evading or preventing the operation of this Act.

Maximum penalty: 100 penalty units.

(4) However, the operator of a retirement village may enter into a residential tenancy agreement, in the form prescribed under the Residential Tenancies Act 2010 , that contains a term to the effect that this Act does not apply to the residential premises the subject of the agreement, and, in entering into the agreement, the operator and the tenant under the agreement are taken not to contravene this section.